Cooper, Robert Lee Jr ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-46,766-07
EX PARTE ROBERT LEE COOPER JR. , Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W99-23389-L(F)
IN THE CRIMINAL DISTRICT COURT NO. 5
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 offense of
aggravated sexual assault of a child and sentenced to imprisonment for life.
The writ application was filed in the trial court on September 20, 2016. No order designating
issues appears in the record, but agreed findings recommending relief on one of two grounds were
signed on September 23, 2016. The habeas record has been properly forwarded to this Court by the
district clerk. However, the record has been forwarded without the trial court having resolved all
the issues in this case. We remand this application to the Criminal District Court Number 5 of
Dallas County to allow the trial judge to complete an evidentiary investigation and enter additional
findings of fact and conclusions of law as necessary.
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 must
be requested by the trial court and shall be obtained from this Court.
Filed: November 2, 2016
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