Opinion
NO. WR-86,379-03
06-14-2017
EX PARTE MAURICE JOHN MCGUYER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-213-011051-1269408-C IN THE 213TH DISTRICT COURT FROM TARRANT 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 the offense of aggravated assault and sentenced to imprisonment for five years.
Habeas counsel filed a habeas application in the trial court on May 2, 2017. The State correctly pointed out in its response, filed May 11, 2017, that the application was not compliant with the Rules of Appellate Procedure. Applicant then filed an amended habeas application on May 19, 2017. The trial court entered an order on May 25, 2017, recommending dismissal for non-compliance. However, it is unclear whether the trial court had considered the amended habeas application before signing the order. The application is therefore remanded to the 213th District Court of Tarrant County to allow the trial judge to consider the amended habeas application, and if it is complaint, 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 must be requested by the trial court and shall be obtained from this Court. Filed: June 14, 2017
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