Opinion
WR-90,674-03
02-21-2024
EX PARTE REGINALD BERNARD SILVER, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-17-1837-CR-W3 IN THE 358TH DISTRICT COURT FROM ECTOR COUNTY
ORDER
PER CURIAM.
Applicant pleaded guilty and was convicted of intoxicated manslaughter. He was sentenced to twenty-five years' imprisonment. He did not appeal his conviction. 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 June 29, 2022, this Court dismissed this application as subsequent. TEX. CODE CRIM. PRO. Art. 11.07 §4. It has now come to our attention that the judge who presided over those proceedings in the trial court had represented the State in the initial plea proceedings in this cause. It appears, therefore, that Judge Shrode was disqualified from presiding over this habeas proceeding.
While he is not listed as attorney for the State on the judgment, his signature appears as the representative for the State on the waiver of jury trial signed on March 7, 2018.
The Court therefore, after reconsideration on its own motion, withdraws the previous dismissal order in this case and remands the case for further proceedings. The regional presiding judge shall appoint a qualified judge to preside over this habeas application.
That new judge shall then make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See TEX. R. APP. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.