Opinion
No. WR-74,010-01
Filed: November 3, 2010. DO NOT PUBLISH.
On Application for A Writ of Habeas Corpus, Cause No. A-35,560, in the 161st District Court from Ector 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 pleaded guilty and was convicted of aggravated assault with family violence and sentenced to eighteen years' imprisonment. He did not appeal his conviction. Applicant contends that his plea was involuntary because the plea agreement cannot be enforced. We previously remanded this application to obtain findings from the trial court as to whether: (1) Applicant's sentence for this offense is running concurrently with his federal sentence; and (2) his plea agreement specifically provided that this sentence would run concurrently with his federal sentence. The trial court made findings as to the second issue, but not the first. The trial court shall make findings of fact as to whether this sentence is running concurrently with Applicant's federal sentence. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief. This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 60 days of the date of this order. Any extensions of time shall be obtained from this Court.