Sanders, Justin Miles ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,607-01
EX PARTE JUSTIN MILES SANDERS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 13F1051-102-A IN THE 102nd DISTRICT COURT
FROM BOWIE 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
felony murder and sentenced to imprisonment for thirty years.
On May 3, 2017, an order designating issues was signed by the trial court. The habeas record
has been properly forwarded to this Court by the district clerk pursuant to TEX . R. APP. P.
73.4(b)(5).1 However, the record has been forwarded without the trial court having resolved the
1
The record includes a motion for extension of time that was filed with the district clerk
and signed by the trial court on October 24, 2015. However, this motion was not filed with this
designated issues in this case. We remand this application to the 102nd District Court of Bowie
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 22, 2017
Do not publish
Court pursuant to TEX . R. APP . P. 73.5.