Lemus, Michael ( 2014 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-80,545-01

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EX PARTE MICHAEL LEMUS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-1160118-U IN THE 291^ST DISTRICT COURTFROM DALLAS COUNTY

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            Per curiam.

O R D E R  

            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 robbery and sentenced to imprisonment for fifteen years.

            The writ record contains a certificate of service from the Dallas County District Clerk’s office stating that a copy of the findings of fact was served on Applicant. However, there are no findings of fact in the writ record. We remand this application to the 291^ST District Court of Dallas County for the District Clerk’s office to either supplement the record with the findings of fact as stated in that certificate of service, or, if no findings were made, to correct the writ record.

            This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 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 60 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: January 15, 2014

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