Opinion
NO. WR-27,861-06
03-06-2013
EX PARTE MICHAEL STEPHEN THOMAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2009-CR-1429-W1 IN THE 144TH DISTRICT COURT
FROM BEXAR 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 burglary of a building and was sentenced to imprisonment for four years.
Applicant filed a writ application with the trial court on or about July 27, 2012. This writ application and the trial court's findings regarding it were forwarded to this Court and were received on October 29, 2012. The trial court later forwarded supplemental findings to this Court indicating that Applicant filed a second writ application on or about December 7, 2012. The trial court correctly finds that this second writ application should be considered with the first writ application because there is not yet a final disposition of the first application. See TEX. CODE CRIM. PROC. art. 11.07 §§ 1-4. The supplement provided to this Court, however, does not contain a copy of the second writ application. The trial court shall therefore order the Bexar County District Clerk to supplement the writ record to this Court by forwarding a copy of the second writ application that was filed in the trial court on or about December 7, 2012.
The supplemental transcript shall be forwarded to this Court within 45 days of the date of this order. This writ application will be held in abeyance until the writ record is supplemented as ordered. Any extensions of time shall be obtained from this Court. Do not publish