IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,564-01
EX PARTE DAMIAN BLAIN ALLEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR15255-A IN THE 220TH DISTRICT COURT
FROM BOSQUE COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to delivery of a controlled substance in a drug free zone in exchange
for deferred adjudication community supervision. He later pleaded true to violating the terms of his
deferred adjudication community supervision in exchange for a sentence of five years’
imprisonment, to run concurrently with a two-year sentence after revocation of community
supervision in an aggravated assault case. Applicant did not appeal his conviction or adjudication.
Applicant filed this application for a writ of habeas corpus in the county of conviction, and the
district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
On May 12, 2021, this Court remanded this matter to obtain affidavits and findings
addressing Applicant’s claims of ineffective assistance of counsel and involuntary plea at
2
adjudication. The trial court appointed habeas counsel and apparently conducted a live habeas
hearing on August 23, 2021. After the habeas hearing, the trial court made supplemental findings
of fact and conclusions of law. On September 2, 2021, this Court received the supplemental record
after remand. The supplemental record included the trial court’s supplemental findings of fact and
conclusions of law, but did not include a transcript of the August 23, 2021 habeas hearing.
On September 10, 2021, this Court ordered the district clerk to supplement the record by
either forwarding to this Court a copy of the habeas hearing transcript, or certifying in writing that
the reporter has not transcribed the hearing. The clerk was ordered to respond within thirty days
from the date of the order but the clerk has not responded to this Court's order.
We remand this application to the trial court, which shall ensure that the habeas record is
supplemented with a copy of the transcript of the habeas hearing conducted on August 23, 2021. The
trial court shall respond within thirty days from the date of this order. Any extensions of time must
be requested by the trial court and obtained from this Court.
Filed: April 13, 2022
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