Cavazos, Jose ( 2008 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-60,434-02

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EX PARTE JOSE CAVAZOS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 4613-B IN THE 197^TH JUDICIAL DISTRICT COURT FROM WILLACY 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 forty years' imprisonment. This Court granted Applicant an out-of-time appeal pursuant to his first habeas writ. The Thirteenth Court of Appeals affirmed his conviction. Cavazos v. State, No. 13-02-00482-CR (Tex. App. - Corpus Christi, March 15, 2007, pet. ref'd).

Applicant filed a second writ, pro se in the district court on December 21, 2007. On March 20, 2008, the trial court entered an order appointing counsel to represent Applicant in this matter. On April 21, 2008, the habeas record was forwarded to this Court. The record does not contain findings of fact and conclusions of law from the trial court, or any documents filed after counsel was appointed in this matter. Because it is not clear whether the habeas record is complete, we remand this application to Willacy County to allow the trial judge to ensure that the record is complete and to 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. 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: May 14, 2008

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