Opinion
NO. WR-87,378-01
10-04-2017
EX PARTE JOSE SALDANA, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W13-58319-R(A) IN THE 265TH 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 was convicted of aggravated assault and sentenced to imprisonment for twenty-five years.
On March 22, 2017, the trial court signed an order designating issues. The District Clerk properly forwarded the record to this Court under Rule of Appellate Procedure 73.4(b)(5). However, the record has been forwarded without the trial court having resolved the designated issue(s). We remand this application to the 265th District Court of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law in response to Applicant's first, second, and fourth grounds.
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: October 4, 2017
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