Whitaker, Tony Curtis ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-74,256-03 & WR-74,256-04
EX PARTE TONY CURTIS WHITAKER, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 241-1018-17-A & 241-1019-17-A IN THE 241ST DISTRICT COURT
FROM SMITH 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts
of possession of a controlled substance and sentenced to two terms of fifteen years’ imprisonment.
He did not appeal his convictions.
On October 2, 2018, the trial court entered orders designating issues. These applications were
forwarded, however, before the trial court made findings of fact and conclusions of law. We remand
these applications so the trial court can complete an evidentiary investigation and enter findings of
fact and conclusions of law.
These applications 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 supplemental 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 must be
requested by the trial court and shall be obtained from this Court.
Filed: July 3, 2019
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