Dunlap, Timothy Wayne ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,731-02
EX PARTE TIMOTHY WAYNE DUNLAP, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 007-0185-18-A IN THE 7TH DISTRICT COURT
FROM SMITH COUNTY
Per curiam.
ORDER
Applicant filed this application for a writ of habeas corpus in the county of conviction, and
the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. On November
9, 2022, this Court remanded this matter to the trial court for affidavits, findings of fact and
conclusions of law, and supplementation of the habeas record with various documents necessary to
the disposition of Applicant’s claims. On January 9, 2023, this Court received a supplemental record
including an affidavit from trial counsel and findings of fact from the trial court, along with some
of the documents requested by this Court’s remand order. The trial court ordered the District Clerk
to forward the supplemental record to this Court, including the specific items required by this
Court’s order. Under Article 11.07 of the Texas Code of Criminal Procedure, a district clerk is
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required to forward to this Court, among other things, “the application, any answers filed, any
motions filed, transcripts of all depositions and hearings, any affidavits, and any other matters such
as official records used by the court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP .
P. 73.4(b)(4). The record forwarded to this Court appears, however, to be incomplete. Specifically,
the pre-sentence investigation report and the transcripts fo the plea and sentencing hearings are not
contained in the supplemental record.
The district clerk shall either forward to this Court or certify in writing that these documents
are not part of the record. The district clerk shall comply with this order within thirty days from the
date of this order.
Filed: January 12, 2023
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