Simmons, Delvin Bernard ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-82,470-01 & WR-82,470-02
EX PARTE DELVIN BERNARD SIMMONS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. F-1053437-Q & F-1053438-Q
IN THE 204TH 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted in two causes
of possession of controlled substance with intent to deliver, and sentenced to imprisonment for fifty
years in each cause.
The trial court signed orders designating issues on May 13, 2014. After 180 days from the
day the writ applications were served on the State, the writ applications were forwarded to this Court.
TEX . R. APP . P. 73.5.
Applicant has alleged facts which, if true, could entitle him to relief, and the orders
designating issues capably set forth the issue requiring resolution raised in these writ applications.
We remand these applications to the 204th District Court of Dallas County to allow the trial judge
to complete an evidentiary investigation and enter findings of fact and conclusions of law.
These applications 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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