Opinion
NO. WR-73,540-05 NO. WR-73,540-06
06-14-2017
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W05-73360-L(C) AND W05-73361-L(C) IN THE CRIMINAL DISTRICT COURT NO. 5 FROM DALLAS COUNTY
Per cur iam . 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 two aggravated assaults and sentenced to imprisonment for fifty years.
The trial court has indicated that there are factual issues to be resolved and that the habeas applications were prematurely forwarded to this Court. The applications are remanded to the Criminal District Court No. 5 of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
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 14, 2017
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