Opinion
NO. WR-45,500-02
12-06-2017
EX PARTE JEFFREY LEE WOOD, Applicant
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. A96-17 IN THE 216TH JUDICIAL DISTRICT COURT KERR COUNTY Per curiam. ORDER
This is a post-conviction application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.
In March 1998, a jury convicted Applicant of murdering a gas station employee while in the course of committing robbery. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Wood v. State, 18 S.W.3d 642 (Tex. Crim. App. 2000). This Court denied relief on Applicant's initial post-conviction application for writ of habeas corpus. Ex parte Wood, No. WR-45,500-01 (Tex. Crim. App. May 9, 2001)(not designated for publication).
The instant subsequent writ application, which Applicant filed in the trial court on August 2, 2016, presents eight claims challenging the validity of his conviction and resulting sentence. On August 3, 2016, Applicant filed in this Court a motion to stay his execution pending the consideration and disposition of this application. We stayed Applicant's execution and remanded this application to the trial court "for resolution" of Claims 3 and 4, in which Applicant complained that his judgment and sentence were based on "false and misleading testimony" and "false scientific evidence." Ex parte Wood, No. WR-45,500-02 (Tex. Crim. App. August 19, 2016)(not designated for publication).
Following remand, the State filed a response that relief should be denied and the trial court signed an order stating that "there are no existing controverted, previously unresolved factual issues material to the legality of Applicant's confinement." Applicant thereafter filed a motion requesting the trial court to "place the instant proceedings in abeyance pending discussions between the parties about possible settlement." On April 13, 2017, the trial court signed an order requesting that the case be placed in abeyance pending further discussion of the parties. The post-remand supplemental transcript was received in this Court on April 24, 2017.
Our review of the record shows that the trial court has not yet resolved the remanded claims. We again remand this application for the trial court to comply with our order dated August 19, 2016, and the dictates of Article 11.071. The trial court shall make findings of fact and conclusions of law and a recommendation regarding the disposition of Claims 3 and 4. The trial court shall resolve these issues within 45 days of the date of this order. A supplemental transcript containing the trial court's findings of fact, conclusions of law, and any other pertinent documents shall be immediately thereafter returned to this Court.
We are aware that on August 3, 2017, the State wrote a letter requesting the Parole Board to recommend that the Governor grant clemency to Applicant and commute his sentence to life. Nonetheless, this habeas application remains pending before us and requires resolution. --------
IT IS SO ORDERED THIS THE 6th DAY OF DECEMBER, 2017. Do Not Publish