Griffin, Bobby Lee ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NOS. WR-58,673-03 and

WR-58,673-04

---

EX PARTE BOBBY LEE GRIFFIN, Applicant

---

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NUMBERS 31,968-C AND 29,212-B IN THE 23RD

DISTRICT COURT BRAZORIA COUNTY

---

   Per curiam.

O R D E R  

   These are applications for a writs of habeas corpus that were transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). In both cases, Applicant was convicted of burglary of a habitation, and he was sentenced to concurrent terms of ten years in prison. There were no direct appeals.

Applicant previously filed two writ applications challenging these convictions. Both of these applications, however, were dismissed as they were not compliant with the appellate rules. Applicant has now filed two additional writ applications, which are compliant, making identical allegations: involuntary plea due to ineffective assistance of counsel and defective indictment. The State has provided a response, and the trial court has recommended that relief be denied.

In its answer, the State asserts that these issues were previously raised and resolved in Applicant's first writ application where a hearing was conducted before the trial court. However, the record provided to this Court does not contain a transcription of this hearing. If the transcription was included in the record provided to this Court with the first writ application, this Court no longer has that record. It was returned to the Brazoria County District Clerk unfiled as the writ application itself was non-compliant. Also, while the judgment indicates that these convictions resulted from plea bargains, the record provided to this Court does not contain plea papers in either case.

It is this Court's opinion, therefore, that additional information is needed before this Court can render a decision. Because this Court does not hear evidence, though, the trial court is the appropriate forum. Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960). Thus, the trial court shall supplement the record to this Court with a copy of the transcription of the hearing referenced above and a copy of any plea papers in these cases. The trial court may also provide any other documents that it deems relevant and appropriate to the disposition of Applicant's application for habeas corpus relief.

Further, because this Court does not hear evidence, Ex parte Rodriguez, 334 S.W.2d at 294, this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. A supplemental transcript containing the transcription and any plea papers previously described shall be returned to this Court within 30 days of the date of this order. ⁽¹⁾  

DELIVERED: May 10, 2006.

DO NOT PUBLISH

1.

¹ Any extensions of this time period shall be obtained from this Court.