Wilson, Ronnie Lee ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-73,237-01

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EX PARTE RONNIE LEE WILSON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 18,701-B IN THE 124^TH JUDICIAL DISTRICT COURT FROM GREGG 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 murder and sentenced to sixty-six years' imprisonment. The Eleventh Court of Appeals affirmed his conviction. Wilson v. State, No. 11-92-124-CR (Tex. App. - Eastland, December 30, 1993, no pet).

Applicant contends that the State failed to disclose favorable evidence to the defense, and failed to correct perjured testimony at trial, and that he has newly discovered evidence of his actual innocence. Although the habeas record is sufficient to address Applicant's claims, Applicant has filed objections to the trial court's findings of fact, conclusions of law, and order which must be addressed before this Court can act upon this application. In his objections, Applicant points out that the habeas judge signed the findings of fact, conclusions of law, and order on November 3, 2009. However, the judge who signed the findings, conclusions and order was not appointed to preside in the convicting court until November 24, 2009, and was not sworn in as the judge of the court until December 4, 2009.

The trial court shall make findings of fact as to whether the findings of fact, conclusions of law and order signed on November 3, 2009, are the findings, conclusions and order which the properly appointed trial judge wishes to submit to this Court. 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 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 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 120 days of the date of this order. Any extensions of time shall be obtained from this Court.   

Filed: March 3, 2010

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