Opinion
NO. WR-70,502-04
09-14-2011
EX PARTE DONALD FLINT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 06F-0023-202
IN THE 202nd DISTRICT COURT FROM BOWIE 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of indecency with a child and one count of aggravated sexual assault of a child and sentenced to ten (10) years' confinement on the indecency counts and fifty (50) years' confinement on the aggravated sexual assault count. Applicant's initial appeal was dismissed for lack of jurisdiction. Flint v. State, No. 06-08-00104-CR (Tex. App.-Texarkana, delivered July 10, 2008, no pet.). Applicant filed a subsequent appeal that was denied. Flint v. State, No. 06-09-0042-CR (Tex. App.-Texarkana, delivered August 7, 2009, pet. ref'd).
On May 11, 2011, a document entitled "Report to the Court of Criminal Appeals," was signed by the trial court. In this document, the trial court requests additional time in order to resolve ineffective assistance of counsel claims raised by the Applicant. We remand this application to Bowie 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court. Do not publish