Adams, Dave Lamon ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-69,107-03

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EX PARTE DAVE LAMON ADAMS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1039218-B IN THE 177^TH JUDICIAL DISTRICT COURT FROM HARRIS COUNTY

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   Per curiam. O R D E R  

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 aggravated robbery and sentenced to thirty years' imprisonment. The First Court of Appeals affirmed his conviction. Adams v. State, No. 01-05-01017-CR (Tex. App. - Houston [1^st Dist.] November 30, 2006, pet ref'd).

On July 1, 2009, this Court remanded this case to the trial court to obtain findings of fact and affidavits addressing Applicant's ineffective assistance of trial counsel claims. The trial court apparently appointed attorney Kennitra M. Foote to represent Applicant on the writ application while it was on remand. Attorney Foote filed a motion to dismiss the writ application on December 1, 2009, which the trial court signed on December 2, 2009. This Court received the motion to dismiss Applicant's writ application on December 10, 2009. However, on December 28, 2009, this Court received a pro se motion signed by Applicant on December 21, 2009, requesting that an evidentiary hearing be held on his pending writ application. Based on this filing, it appears that Applicant is not aware that a motion to dismiss the writ application was filed on his behalf.

The trial court shall determine whether Applicant wants to withdraw his pending writ application. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.

The trial court shall make findings of fact as to whether Applicant wants to withdraw his writ application. If Applicant does not desire to withdraw the writ application, then this Court's previous remand order will continue to be in effect. This writ 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. 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 and 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 120 days of the date of this order. Any extensions of time shall be obtained from this Court.   

Filed: January 27, 2010

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