Opinion
NO. WR-89,564-01
03-20-2019
EX PARTE JABARI CAIN CLARK, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2017-566-C2A IN THE 54TH DISTRICT COURT FROM McLENNAN 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 possession of a controlled substance and was sentenced to incarceration.
The trial court entered an order designating issues, but there are no findings of fact or conclusions of law in the habeas record resolving the issues. This application is remanded to the 54th District Court of McLennan 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. 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 forwarded to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: March 20, 2019 Do not publish