Tullos, Richard ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-62,699-02

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EX PARTE RICHARD TULLOS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO.CR-22984-AA IN THE 217^TH/ 159^TH JUDICIAL DISTRICT COURT

ANGELINA COUNTY

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Per curiam.

O R D E R  

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offenses of manufacture of a controlled substance in an amount of one gram or more but less than four grams (Count I), and possession of a controlled substance in an amount of one gram or more but less than four grams (Count II), and punishment was assessed at fifteen (15) years' and ten (10) years' confinement, respectively. Applicant's convictions were affirmed on appeal. Tullos v. State, No. 09-03-106-CR (Tex. App. --Beaumont, delivered June 9, 2004, pet. ref'd).

Applicant contends that his convictions for possession and manufacture of the same controlled substance constitute double jeopardy. In compliance with this Court's remand order of March 29, 2006, the trial court has entered additional findings of fact and conclusions of law and has supplemented the record with a copy of the indictment alleging manufacture and possession. However, the supplemental record does not include copies of the judgment and the trial transcript as specified in this Court's remand order.

The trial court shall have the district clerk supplement the habeas record with copies of the reporter's record and the clerk's record, including the judgment of conviction. This application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. A supplemental transcript shall be returned to this Court within thirty (30) days of the date of this order. ⁽¹⁾

IT IS SO ORDERED THIS THE 13TH DAY OF SEPTEMBER, 2006.

EN BANC

DO NOT PUBLISH   

1.

Any extensions of this time period shall be obtained from this Court.