Howard, Everitt Hansel Jr. ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-28,521-02

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EX PARTE EVERITT HANSEL HOWARD, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1006165D IN THE 213^TH DISTRICT COURT FROM TARRANT COUNTY

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    Per curiam.

O R D E R    

   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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of the offense of robbery by threats and sentenced to imprisonment for sixty years.   

On September 24, 2009, a timely order designating issues was signed by the trial court . The habeas record has been forwarded to this Court prematurely. We remand this application to Tarrant County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.  

The District Clerk of Tarrant County is ordered to forward this application to this Court after the judge of the 213^th Judicial District Court completes an evidentiary investigation and enters findings of fact and conclusions of law.

Filed: November 4, 2009

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