Henry, David Bruce ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,038-01
EX PARTE DAVID BRUCE HENRY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2013-431-C1A IN THE 19TH DISTRICT COURT
FROM MCLENNAN COUNTY
Per curiam.
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
Driving While Intoxicated - Habitual and sentenced to imprisonment for Life.
On 6-14-2019, an order designating issues was signed by the trial court. The habeas record
has been forwarded to this Court by the district clerk pursuant to TEX . R. APP . P. 73.4(b)(5).
However, the record has been forwarded without the trial court having resolved the designated issues
in this case. We remand this application to the 19th District Court of McLennan 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: July 24, 2019
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