Opinion
NO. WR-85,791-01
05-24-2017
EX PARTE JOSE GUEVARA-MOLINA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W12-305529-I(A) IN THE CRIMINAL DISTRICT COURT NUMBER TWO 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 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 the offense of driving while intoxicated and sentenced to imprisonment for sixteen years.
On April 26, 2016, an order designating issues was signed by the trial court. The habeas record has been forwarded to this Court without the trial court having resolved the designated issues and entering findings of fact and conclusions of law. We remand this application to the Criminal District Court Number Two of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
The trial court requested an extension of time for filing findings of fact and conclusions of law which this Court granted on October 13, 2016. However, no findings of fact and conclusions of law have been received as of the date of this order. --------
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: May 24, 2017
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