Duke, Timmy Lynn ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-23,129-10
EX PARTE TIMMY LYNN DUKE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W91-31292-L (E) IN THE CRIMINAL DISTRICT COURT NUMBER FIVE
FROM DALLAS 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
burglary of a habitation and sentenced to imprisonment for twenty-five years.
Applicant alleges that he is actually innocent based upon newly discovered evidence, his plea
was involuntary, and he received ineffective assistance of counsel in this case resulting in an
involuntary plea of guilty.
The habeas record has been properly 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
entering findings of fact and conclusions of law regarding Applicant’s claims and the parties have
filed an agreed motion to remand this matter because they “concur that there are material unresolved
issues concerning the Applicant’s innocence and the voluntariness of his plea that require the
development of further evidence.” This motion has also been agreed to by the trial court.
We remand this application to the Criminal District Court Number Five of Dallas 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: November 15, 2017
Do not publish