Opinion
NO. WR-86,219-01
10-18-2017
EX PARTE KEITH JOSEPH BROSSETTE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 16,697-2001A IN THE 402ND DISTRICT COURT FROM WOOD COUNTY Per curiam. ORDER
A jury convicted Applicant of indecency with a child by contact, and the trial court, finding the enhancement paragraph true, assessed his punishment at ninety-nine years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Brossette v. State, 99 S.W.2d 277 (Tex. App. — Texarkana, Feb. 3, 2003). Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court the application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). The matter was remanded to the trial court on January 25 for findings of fact and conclusions of law addressing Applicant's allegations of a Brady violation and false testimony.
All dates herein reference 2017 unless otherwise noted. --------
On April 21, the trial court adopted the State's proposed findings and conclusions recommending that relief be denied. On May 10 and May 23, he adopted Applicant's proposed findings and conclusions recommending that relief be granted. On July 26, this Court issued an opinion granting Applicant relief for the Brady claim. On August 1, the trial court entered another set of findings and conclusions recommending that relief be denied.
The State has now filed a motion for rehearing. It contends that it did not receive notice that the trial court had adopted both parties' proposed findings and conclusions until this Court issued its opinion granting relief. The State asks this Court to withdraw its opinion granting relief, direct the trial court to identify the version of findings and conclusions it intended to enter, and provide the parties with notice and an opportunity to object to the findings and conclusions that the trial court ultimately enters.
We grant the State's motion for rehearing, withdraw our July 26 opinion and remand the matter to the trial court. The trial court shall, within 30 days of the date of this order, enter (1) a single set of findings of fact and conclusions of law and (2) a single recommendation, if any. It shall cause those findings and conclusions and any recommendation to be served on both parties. The parties shall be afforded ten days to respond and submit objections, which shall be included in the supplemental record to this Court.
This application will be held in abeyance for the trial court to resolve the fact issues within 30 days of this order. A supplemental transcript consisting of any documentary evidence, any transcription of court reporter's notes, the trial court's supplemental findings of fact and conclusions of law, any recommendation by the trial court, and any objections from the parties, shall be forwarded to this Court within 60 days of the date of this order. Any extensions of time must be requested by the trial court and obtained from this Court. Delivered: October 18, 2017
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