Gluck, Andrei ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,148-02
EX PARTE ANDREI GLUCK, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W03-51313-W(B) IN THE 363rd DISTRICT COURT
FROM DALLAS 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 state jail
offense of evading arrest and detention with a vehicle and sentenced to imprisonment for one
hundred-eighty days in county jail pursuant to TEX . PENAL CODE § 12.44 (a).
The Applicant alleges that his plea of guilty in this case was involuntary. The State, in
addition to pleading laches, responds to Applicant’s claim as follows, in pertinent part:
Further evidence is needed regarding defense counsel’s representation in this
case. Thus, the State requests that this Court issue an order designating issues and
requiring the gathering of evidence, as is customary, by way of affidavit from defense
counsel, a hearing, and/or other means as the Court may deem necessary.
Subsequently, on May 5, 2014, a timely order designating issues was signed by the trial court.
We remand this application to the 363rd District Court of Dallas County to allow the trial judge to
complete an evidentiary investigation and enter findings of fact and conclusions of law on the issue
raised by the Applicant. In addition, the trial court shall enter findings of fact and conclusions of law
addressing whether the Applicant’s claim should be barred by laches.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 60 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 90 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: April 22, 2015
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