Howard, Everitt Hansel Jr. ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-28,521-02

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EX PARTE EVERITT HANSEL HOWARD, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1006165D IN THE 213^TH DISTRICT COURT FROM TARRANT COUNTY

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    Per curiam.

SUPPLEMENTAL 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of the offense of robbery by threats and sentenced to sixty years' imprisonment.

On September 24, 2009, a timely order designating issues was signed by the trial court. This Court received the habeas application on October 1, 2009. The habeas record had been forwarded to this Court prematurely. On November 4, 2009, we remanded this application to Tarrant County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law. The application has not yet been forwarded back to this Court.

This application will be held in abeyance until the trial court has resolved the fact issues. 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: June 30, 2010

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