IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,722-01
EX PARTE KEITH ALLEN GOLDEN II, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 15-01-00374-CR IN THE 410 TH DISTRICT COURT
FROM MONTGOMERY 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 writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of
possession of a controlled substance and sentenced to two years’ imprisonment and one cout of
unauthorized use of a motor vehicle and sentenced to 180 days’ imprisonment.
Applicant contends that his plea is involuntary because he did not have the benefit of a lab
report showing that the amount of drug was less than the amount he pleaded to. Applicant has
alleged facts that, if true, might entitle him to relief. The trial court recommended granting relief
based, in part, on the lab report. The lab report was not provided to this Court. In these
circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294
(Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact.
The trial court shall provide this Court with the lab report upon which it based its findings
of fact. The trial court may also make any other findings of fact and conclusions of law that it deems
relevant and appropriate to the disposition of Applicant’s claim for habeas corpus relief, if necessary.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 30 days of this order. If any continuances are granted, a copy of the
order granting the continuance shall be sent to this Court. 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 returned to this Court within 60 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: November 11, 2015
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