IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-75,439-02 & -03 & -04
EX PARTE GARRY LON BROWNLEE, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CCCR-07-03016 & CCCR-07-03017 & CCCR-07-03018
IN THE 220TH DISTRICT COURT FROM COMANCHE COUNTY
Per curiam.
ORDER
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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts
of aggravated sexual assault of a child and sentenced to imprisonment for life on each count. The
Eleventh Court of Appeals affirmed his convictions in Brownlee v. State, Nos. 11-08-00264-CR, 11-
08-00265-CR & 11-08-0266-CR (Tex. App– Eastland May 13, 2010, pet. ref’d).
On September 15, 2014, the trial court ordered an evidentiary hearing on Applicant’s claims
of actual innocence be scheduled before December 31, 2014. It appears that the trial court has not
completed its fact finding in these cases. We remand these applications to the 220th District Court
of Comanche County to allow the trial judge to complete an evidentiary investigation and enter the
appropriate 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: October 15, 2014
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