Harris, James Boyd ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-78,077-02
EX PARTE JAMES BOYD HARRIS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1223792-B IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. Keel, J., not participating.
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 the offense of
possession with intent to deliver a controlled substance and sentenced to 25 years imprisonment.
On Jan. 4, 2019, an order designating issues was signed by the trial court. On Oct. 17, 2019,
observing that no further orders had been received within the time allotted by Tex. R. App. P. Rule
73.4, the district clerk correctly forwarded the application to this Court. However, the record before
this Court indicates that the designated issues have still not been resolved. We remand this
application to the 232nd District Court of Harris County to allow the trial judge to complete an
evidentiary investigation and enter findings of fact and conclusions of law.
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. 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: November 20, 2019
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