Opinion
No. WR-62,075-03
Filed: October 17, 2007. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 878691-B, In The 338th District Court, Appeal from Harris County.
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of injury to a child and sentenced to sixty (60) years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. See Rogers v. State, No. 14-01-00950-CR (Tex.App. Houston [14th Dist.], 2006, pet. ref'd) (not designated for publication). On July 16, 2007, the trial judge entered an Order Designating Issues requiring trial counsel, R. Christopher Goldsmith, to file and affidavit and the parties to file proposed findings of fact and conclusions of law. The habeas record appears to have been forwarded to this Court prematurely. We remand this application to Harris County to allow trial counsel to file an affidavit in this case and the trial judge to enter additional findings of fact and conclusions of law. The District Clerk of Harris County is ordered to forward this application to this Court after trial counsel has filed an affidavit and the judge of the 338th Judicial District Court has entered additional findings of fact and conclusions of law.