Opinion
NO. WR-84,558-02
03-07-2018
EX PARTE EVEROLD WAYNE STEWART, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W87-86788-H(B) IN THE CRIMINAL DISTRICT COURT NUMBER ONE FROM DALLAS 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 murder and sentenced to twenty-five years' imprisonment.
The trial court signed an order designating issues in March 2017. After 180 days from the day the writ application was served on the State, the writ application was forwarded to this Court. TEX. R. APP. P. 73.5.
Applicant has filed a motion for a remand, citing a hearing scheduled for March 16, 2018. We remand this application to the Criminal District Court Number One of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
This application 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 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 shall be obtained from this Court. Filed: March 7, 2018
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