Ex parte Navarro

Full title: EX PARTE RICHARD NAVARRO, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Oct 25, 2023

WR-94,932-01 (Tex. Crim. App. Oct. 25, 2023)

Opinion

WR-94,932-01

10-25-2023

EX PARTE RICHARD NAVARRO, Applicant

PER CURIAM.

Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2019CR7865-W1 IN THE 175TH DISTRICT COURT FROM BEXAR COUNTY

ORDER

PER CURIAM.

Applicant was convicted of aggravated assault and sentenced to twelve years' imprisonment. Applicant did not file a direct appeal. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07. The records forwarded to this Court appears, however, to be incomplete. The judgment of conviction for the instant offense, aggravated assault with a deadly weapon, was not in the initial habeas record. Rather, the record only contained a copy of Applicant's June 30, 2000, judgment for robbery. Additionally, the trial court made findings of fact related to what happened at trial and the subsequent plea proceedings; however, a copy of the reporter's record was not provided to this Court.

On June 30, 2023, this Court ordered the district clerk to supplement the record by either forwarding to this Court copies of the judgment and reporter's record, or certifying in writing that these documents are not part of the record. The clerk was ordered to respond within thirty days from the date of the order, but the clerk did not timely respond to this Court's order.

On October 6, 2023, this Court received a supplemental habeas record from the district clerk. Although this supplemental record contained a copy of the judgment of conviction for the instant offense, it did not contain a copy of the reporter's record. Such record is needed to accurately determine the merits of Applicant's claims.

We therefore remand this application to the trial court, which shall ensure that the habeas record is supplemented with a copy of the reporter's record. See TEX. R. APP. P. 73.4(b)(4). The trial court shall respond within thirty days from the date of this order. Any extensions of time must be requested by the trial court and obtained from this Court.