IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON an APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W04-23498-I(A)
IN THE CRIMINAL DISTRICT COURT NUMBER TWO FROM DALLAS COUNTY
O R D E R
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of engaging in organized criminal activity and, after a period of deferred adjudication, was sentenced to sixty years' imprisonment.
Applicant alleges ineffective assistance of both trial and appellate counsel. The State requested that the trial court obtain affidavits from all three of Applicant's trial attorneys and his appellate attorney to better respond to Applicant's claims. The habeas record was then forwarded to this Court without any further response from the State or findings of fact and conclusions of law from the trial court. Therefore, we remand this application to the Criminal District Court Number Two of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: June 26, 2013
Do not publish