Opinion
No. WR-68,488-03
Delivered: September 22, 2010. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. 06CR3089-83 in the 10th District Court from Galveston County.
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 the offense of failure to register as a sex offender and sentenced to imprisonment for eleven years. The Galveston County District Clerk's office sent this application to this Court as a supplement to Applicant's prior writ application. That prior application had been dismissed by this Court as non-compliant prior to this application being filed in the county. Therefore, this application is a new filing, not a supplement and needs to be processed by the county as a newly filed 11.07 application. The habeas record has therefore been forwarded to this Court prematurely. We remand this application to Galveston County to allow the State an opportunity to respond to the application and allow the trial judge 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. 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 120 days of the date of this order. Any extensions of time shall be obtained from this Court.