Fillmore, Joseph Kendrick ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NO. WR-63,541-01

---

EX PARTE JOSEPH KENDRICK FILLMORE, Applicant

---

ON APPLICATION FOR A WRIT OF HABEAS CORPUS IN CAUSE NO. 96-CR-2166 IN THE 28^TH JUDICIAL DISTRICT COURT OF NUECES COUNTY

---

   Per curiam.



O R D E R  

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, TEX.CODE CRIM.PROC. Applicant was convicted of murder and punishment was assessed at confinement for thirty-five years. Appeal was affirmed, Fillmore v. State, No. 13-97-659-CR (Tex. App. - Corpus Christi, delivered September 10, 1998, no pet.).

Applicant contends that his counsel was ineffective and he is actually innocent. The trial court entered a timely order designating issues to be determined, but the district clerk submitted to this Court the record on this application without waiting for any findings of fact or further orders from the trial court.

Once the trial court enters a timely order designating issues, the district clerk should not submit the record on the application until the trial court enters or approves findings of fact. Art. 11.07, § 3(c). This application for a post-conviction writ of habeas corpus is hereby abated to allow the trial court to resolve those issues of fact which that court has previously determined to be controverted and material to the legality of Applicant's confinement. Resolution of the issues shall be accomplished by the trial court within 90 days of the date of this order. ⁽¹⁾ A supplemental transcript containing any affidavits, exhibits, or transcription of the court reporter's notes from any evidentiary hearing, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. ⁽²⁾

DELIVERED: June 21, 2006.

DO NOT PUBLISH

1.

¹ In the event any continuances are granted, copies of the order granting the continuance should be provided to this Court.

2.

² Any extensions of this time period should be obtained from this Court.