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Ex Parte Alexander

Court of Criminal Appeals of Texas
Apr 12, 2006
No. WR-64,262-01 (Tex. Crim. App. Apr. 12, 2006)

Opinion

No. WR-64,262-01

Filed: April 12, 2006. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus, Cause Number 29,083 in the 13th, District Court Navarro County.


ORDER


This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant pled guilty to sexual assault. The trial court, though, deferred a finding of guilt and placed Applicant on community supervision for a period of ten years. The State later filed a motion to adjudicate Applicant guilty, which Applicant contested. After a hearing, the trial court found the allegations in the State's motion to be true and adjudicated Applicant guilty of the offense. He was sentenced to a term of ten years in prison. There was no direct appeal. In this application for a writ of habeas corpus, Applicant contends that the trial court improperly adjudicated him guilty of the offense. While the trial court has entered findings of fact and conclusions of law recommending that relief be denied, it is this Court's opinion that additional information is needed before this Court can render a decision, including the transcript from the contested hearing that resulted in Applicant being adjudicated guilty of the offense. Thus, the trial court shall supplement the record to this Court with a copy of this transcript. Further, because this Court does not hear evidence, Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex.Crim.App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. A supplemental record containing the transcription of the court reporter's notes from the contested hearing shall be returned to this Court within 60 days of the date of this order.

Any extensions of this time period shall be obtained from this Court.


Summaries of

Ex Parte Alexander

Court of Criminal Appeals of Texas
Apr 12, 2006
No. WR-64,262-01 (Tex. Crim. App. Apr. 12, 2006)
Case details for

Ex Parte Alexander

Case Details

Full title:EX PARTE EDD ALEXANDER III, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Apr 12, 2006

Citations

No. WR-64,262-01 (Tex. Crim. App. Apr. 12, 2006)