Villareal, Javier ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,287-01
EX PARTE JAVIER VILLAREAL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W94-39716-S(A) IN THE 282ND 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 offense of
murder and sentenced to imprisonment for seventy-five years.
On August 22, 2014, an order designating issues was signed by the trial court. The order
designating issues appears to be untimely, so the habeas record has been properly forwarded to this
Court. Nevertheless, the untimely order designating issues capably sets out the issues raised by this
writ application that require resolution. We remand this application to the 282nd District Court of
Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of
fact and conclusions of law.
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 shall
be obtained from this Court.
Filed: December 17, 2014
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