Edwards, Kendrick Earl ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-71,864-07
EX PARTE KENDRICK EARL EDWARDS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 04-DCR-039842 IN THE 400th DISTRICT COURT
FROM FORT BEND 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
aggravated robbery and sentenced to imprisonment for forty-five years.
On June 10, 2014, an order referring a motion to recuse the trial judge to the regional
presiding judge was signed by the trial court. There is no indication in the record whether the
regional presiding judge recused the trial judge or if the referral is still pending. It appears that the
habeas record has been forwarded to this Court before the court has resolved all the issues and
conducted its investigation of the allegations in the application. We remand this application to the
400th District Court of Fort Bend 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 shall
be obtained from this Court.
Filed: August 20, 2014
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