Opinion
NO. WR-88,144-01
06-06-2018
EX PARTE JAKE BRADLEY MCLEMORE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10259-A IN THE 90TH DISTRICT COURT FROM YOUNG 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 continuous sexual abuse of a child and sentenced to thirty years' imprisonment. The Second Court of Appeals affirmed his conviction. McLemore v. State, No. 02-15-00229-CR (Tex. App.—Fort Worth Aug. 18, 2016) (not designated for publication).
Represented by counsel, Applicant has filed a motion in this Court asking that his application be held for 90 days so that counsel can investigate his case and file amended or supplemental claims.
This application is remanded to the trial court. If Applicant files amended or supplemental claims, the trial court may respond to them and make findings of fact and conclusions of law.
If the trial court decides to hold a hearing and Applicant is not represented by counsel, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
This application will be held in abeyance. Applicant shall file any amended or supplemental claims in the county of conviction within 60 days of the date of this order. If the trial court decides to make findings of fact and conclusions of law, it shall do so within 90 days of the date of this order. A supplemental transcript containing any amended or supplemental claims, affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with any 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
Do not publish