Opinion
NO. WR-88,406-01 NO. WR-88,406-02
06-06-2018
EX PARTE JAMES CHRISTOPHER GRIFFIN, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W04-48385-U(A) & W04-48423-U(A) IN THE 291ST JUDICIAL DISTRICT COURT FROM DALLAS 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of injury to a child causing serious bodily injury and aggravated assault with a deadly weapon and sentenced to imprisonment for seventy years' and ten years' imprisonment, respectively.
On November 11, 2017, a timely order designating issues was signed by the trial court. The habeas records were then properly forwarded to this Court pursuant to TEX. R. APP. P. 73.4 (b)(5), but without the designated issues being resolved by the trial court. We remand these applications to the 291st Judicial District Court of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
Under TEX. R. APP. P. 73.5, a trial court may request an extension of time to resolve designated issues by filing a motion before the expiration of 180 days from the date of the receipt of the application by the State. --------
These applications 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: June 6, 2018
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