Opinion
WR-94,530-01
10-11-2023
EX PARTE TONY GENE WILLIAMS, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR 18-130 IN THE 4TH DISTRICT COURT FROM RUSK COUNTY
ORDER
PER CURIAM
Applicant was convicted of aggravated robbery and sentenced to life years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Williams v. State, No. 06-20-00024-CR (Tex. App.-Texarkana Nov. 25, 2020) (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. After the case was remanded to the trial court to make findings of fact and conclusions of law, the district clerk forwarded supplemental records to this Court. The supplemental record that the Court received on June 13, 2023 appears to be incomplete. According to the trial court's findings of fact and conclusions of law, it held a live evidentiary hearing on May 10, 2023; however, the transcript of that hearing was not sent to this Court.
On July 5, 2023, this Court ordered the district clerk to serve the reporter in Applicant's case with a copy of the order and then either forward to this Court the transcript of the evidentiary hearing or certify in writing that the reporter has not transcribed the hearing. The district clerk was ordered to respond within thirty days from the date of this order, but the clerk has not responded to this Court's order.
We therefore remand this application to the trial court, which shall ensure that the habeas record is supplemented with a copy of the aforementioned transcript. 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.