Ledet, Quincy John ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-74,975-01

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EX PARTE QUINCY JOHN LEDET, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. D090670AR IN THE 260^TH JUDICIAL DISTRICT COURT

FROM ORANGE 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 delivery of a controlled substance and sentenced to fifteen months’ state jail imprisonment.

            Applicant filed his pro se application in the district court more than thirty days after his judgment was rendered, but before the fifteen-day period in which he could request an extension of time for filing a notice of appeal, under Rule 26.3 of the Texas Rules of Appellate Procedure. The trial court has appointed an attorney to seek an extension for filing notice of appeal in this case. The pro se application was nevertheless forwarded to this Court on November 15, 2010. We believe that the habeas record has been forwarded to this Court prematurely. We remand this application to Orange County to allow the trial court to determine whether Applicant received an extension of time to file his direct appeal. The trial court shall make findings of fact as to whether Applicant’s conviction is final for purposes of Section 11.07 habeas corpus jurisdiction. The issues shall be resolved within 30 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 60 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: December 8, 2010

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