Cherry, Steven P AKA Cherry, Steven Phillip ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,426-01
EX PARTE STEVEN P CHERRY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2015CR6408-W1 IN THE 226TH DISTRICT COURT
FROM BEXAR 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 burglary of a
habitation and sentenced to thirty years’ imprisonment as a habitual felon. The Fourth Court of
Appeals dismissed Applicant’s appeal for want of jurisdiction. Cherry v. State, No. 04-16-00524-
CR (Tex. App.—San Antonio Feb. 1, 2017).
Applicant’s direct appeal was dismissed because no notice of appeal was timely filed.
Applicant filed this habeas application requesting a late appeal, and the trial court entered an order
designating issues. The habeas record, however, has no findings resolving the disputed issues. We
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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 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 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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