IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,988-02
EX PARTE THOMAS EDWARD BETTS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F05-58299-M IN THE 194TH DISTRICT COURT
FROM DALLAS 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 this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to possession with
intent to deliver a controlled substance, and originally received five years’ deferred adjudication
community supervision. His guilt was later adjudicated and he was sentenced to imprisonment for
fifteen years.
On February 11, 2014, an order designating issues was signed by the trial court. The Dallas
County District Clerk properly forwarded the application to this Court after 180 days had passed
since the State received service of the application. TEX . R. APP . P. Rule 73.4(5). Nevertheless, there
are issues which still need to be resolved. Specifically, although it appears that the State filed an
amended motion to revoke Applicant’s community supervision on August 3, 2011, the habeas record
does not reflect whether a capias was issued for the arrest of Applicant before the five-year period
of deferred adjudication had expired. Furthermore, there has been no resolution of the question of
whether Applicant received effective assistance of counsel, as designated in the February 11, 2014,
order designating issues. Therefore, we remand this application to the 194th District Court of Dallas
County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and
conclusions of law.
This application 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: September 17, 2014
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