IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,182-05
EX PARTE ROBERT TRACY WARTERFIELD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W10-61655-Y (B) IN THE CRIMINAL DISTRICT COURT NO. 7
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 was convicted of aggravated sexual
assault of a child and sentenced to life imprisonment. The conviction was affirmed on direct appeal.
Waterfield v State, No. 05-12-00646-CR (Tex. App.—Dallas del. Jul. 31, 2013).
Applicant filed a habeas application in the trial court, and the trial court entered a timely
order designating issues. The designated issues have not been resolved. The district clerk forwarded
the habeas application to this Court as required. See TEX . R. APP . P. 73.4(b)(5). We remand the
habeas application to allow the trial judge to complete an evidentiary investigation, resolve the
2
disputed issues, and enter findings.
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 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 20, 2017
Do not publish