Opinion
WR-96,179-01
12-18-2024
EX PARTE DENNIS ROSS GRAY, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 6748-B IN THE 100TH DISTRICT COURT FROM CARSON COUNTY
ORDER
PER CURIAM
Applicant was originally placed on deferred adjudication for the offense of aggravated assault with a deadly weapon. Later he was adjudicated guilty and sentenced to eighteen years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Gray v. State, No. 07-21-00064-CR (Tex. App.-Amarillo Dec. 30, 2021) (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.
The habeas record reflects that the habeas judge, Judge Dale Rabe, previously represented Applicant on direct appeal. It appears, therefore, that Judge Rabe is disqualified from presiding over this habeas proceeding. The regional presiding judge shall appoint a qualified judge to preside over this habeas application.
The new judge shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See Tex. R. App. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.