Phillips, Richard ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,103-01
EX PARTE RICHARD EARL PHILLIPS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W219-82591-2012-HC IN THE 219TH JUDICIAL DISTRICT COURT
FROM COLLIN 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 three counts of
indecency with a child by contact and one count of indecency with a child by exposure and sentenced
to imprisonment for four years and six months on each count.
The Applicant alleges that he received ineffective assistance of counsel.
On October 10, 2014, a timely order designating issues was signed by the trial court. The
habeas record was then properly forwarded to this Court pursuant to TEX . R. APP . P. 73.4 (b)(5), but
without the designated issues being resolved by the trial court.1 We remand this application to the
219th Judicial District Court of Collin 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: May 20, 2015
Do not publish
1
Under TEX . R. APP . P. 73.5, a trial court may request an extension of time to resolve
designated issues by filing a motion before the expiration of 180 days from the date of the receipt
of the application by the State.