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lN THE COUR,T»OF CR||V||NAL APPEALS
l OF TEXAS
~- No. wR-83,'069-01
EX PARTE JAMES MICHAEL PAGE, Applicant
’ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23485-A IN'THE 3RD DISTRICT COURT
FROM ANDERSON COUNTY
Per curiam.
O R D E R
Pursuant to the provisions of Article ll.07-of the TexasCode of Criminal Procedure, the
clerk of the trial court transmitted to this _Court this application for a writ of habeas corpus Ex parte l
Young, 418 S.W.Zd 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to aggravated assault
in exchange for deferred adjudication community supervision His guilt was later adjudicated, and
he was sentenced to ten years’ imprisonment He did not appeal his conviction
Applicant contends that his conviction is void, because he was under seventeen years old
when he committed the offense Applicant alleges that he was never certified as an adult and the
juvenile court never waived jurisdiction The record contains conflicting information as to the date
upon which this offense was committed The indictment in'this case alleged that Applicant
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committed the offense on or about the 9th day of December, 1993. According to the date in the
indictment,-Applicant would have been seventeen years old on the date he committed the offense.
There is no offense date shown on the order deferring adjudication, but the judgment revoking
probation shows the offense date as September 12, 1993. On that date, Applicant would have been
sixteen years old. Applicant has alleged facts that, if true, might entitle him to relief. In these
circumstances, additional facts are needed As we held in Exparte Rodriguez, 334 S.W.2d 294, 294
(Tex. Criml App. 1960), the trial court is the appropriate forum for findings of fact. The trial court
may use any means set out in EX.'CODE CRIM. PROC. art. 11.07, § 3(d) ln the appropriate case, the
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trial court may rely on its personal recollection ld.
.;Ij the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to,represent Applicant at the hearing TEX. CODE CRIM. PRoC. art. 26.04.
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The trial court shall make findings of fact and conclusions of law as to whether the offense
date shown in the indictment is correct, in which case the date on the judgment revoking probation
may be corrected by way of a judgment nunc pro tunc, or whether the offense date shown on the
4 judgment revoking probation is correct. lf the offense date on the judgment revoking»probation is
correct, then the trial court shall make findings of fact and conclusions of law as to whether
Applicant was certified to stand trial as an adult, and as to whether the juvenile court waived
jurisdiction over the case. The trial court shall also make any other findings of fact and conclusions
of law that it deems relevant and appropriate to the disposition of Applicant’s claim for habeas
corpus relief.
This application will be held in abeyance until the trial court has resolved the~fact issues. The
``t) / 14 /' § .
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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
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be forwarded to this Court``;within 120 daysjof the date of this order. Any extensions of time shall
be obtained from this Court.
Filed; May 20, 2015 at [ M {|§ l
Do not publish
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