Opinion
NO. WR-23,877-06
08-23-2017
EX PARTE JIMMY EARL THOMAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 90F0043-102-D IN THE 102ND DISTRICT COURT FROM BOWIE 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 burglary of a building and sentenced to thirty years' imprisonment.
Applicant contends that he was being denied due process in his parole revocation. He alleges that he was denied a preliminary hearing and denied his right to call witnesses. He also alleges that he was denied the restoration of his good and work time credits when he was received back into the custody of the Texas Department of Criminal Justice (TDCJ).
On July 25, 2017, an order designating issues was signed by the trial court and an affidavit was requested from the General Counsel's office of TDCJ. We remand this application to Bowie County to 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. FILED: August 23, 2017
DO NOT PUBLISH