McKinney, Frankie Ray ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,425-01
EX PARTE FRANKIE RAY MCKINNEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR43227-A IN THE 385TH DISTRICT COURT
FROM MIDLAND 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 theft and
sentenced to two years’ imprisonment. He did not appeal his conviction.
Applicant filed a habeas application in the trial court, and the trial court entered an order
designating issues. There are no findings in the record to show that the designated issues have been
resolved. We remand the habeas application to allow the trial judge to complete an evidentiary
investigation, resolve the disputed issues, and enter findings.
This application will be held in abeyance until the trial court has resolved the issues. The
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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 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 shall be obtained from
this Court.
Filed: November 1, 2017
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