Opinion
NO. WR-85,118-03
03-21-2018
EX PARTE ESSIE D. HOPKINS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W13-55764-U(C) IN THE 291 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 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 aggravated robbery with a deadly weapon and sentenced to imprisonment for life years.
On August 31, 2017, an order designating issues was signed by the trial court. The habeas record has been properly forwarded to this Court by the district clerk pursuant to TEX. R. APP. P. 73.4(b)(5). However, the record has been forwarded without the trial court having resolved the designated issues in this case. We remand this application to the 291 District Court of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law. After a review of the application, we also instruct the trial court to enter findings of fact and conclusions of law regarding whether counsel was ineffective for failing to adequately consult with Applicant prior to trial and whether counsel's allegedly deficient performance resulted in Applicant passing on a forty-year plea offer made by the State.
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 21, 2018
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