Opinion
WR-95,170-01
03-27-2024
EX PARTE JUSTIN TONEY, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2009CR5360-W1 IN THE 175TH DISTRICT COURT FROM BEXAR COUNTY
Yeary, J., did not participate.
ORDER
PER CURIAM.
Applicant was convicted of murder and failure to stop and render aid and sentenced to forty years' and ten years' imprisonment, respectively. The Fourth Court of Appeals affirmed his conviction. Toney v. State, No. 04-10-00383-CR (Tex. App.-San Antonio May 18, 2011) (not designated for publication). 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. The record forwarded to this Court appears, however, to be incomplete. According to the record, the trial court held an evidentiary hearing on January 3, 2023, but the transcript of the hearing was not forwarded to this Court.
On November 27, 2023, this Court ordered the district clerk to supplement the record by either forwarding to this Court a copy of the transcript of the habeas hearing or certifying in writing that the reporter has not transcribed the hearing. The clerk was ordered to respond within thirty days from the date of the order, but the clerk has not responded to this Court's order.
We remand this application to the trial court, which shall ensure that the habeas record is supplemented with a complete copy of the 11.07 habeas hearing transcript along with any other affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions which were not previously forwarded to this Court. See Tex. R. App. P. 73.4(b)(4). The trial court shall respond within thirty days from the date of this order. Any extensions of time must be requested by the trial court and obtained from this Court.