Garrett, Charles James Jr ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,555-01
EX PARTE CHARLES JAMES GARRETT, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C372-W011439-1410502-A IN THE 372ND DISTRICT COURT
FROM TARRANT 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 offenses of
engaging in organized criminal activity and murder and sentenced to imprisonment for fifty years
in each count.
On February 20, 2019, an order designating issues was signed by the trial court ordering trial
counsel to submit an affidavit in response to the claims in this habeas application. It appears that
the trial court has not completed its fact-finding. We remand this application to the 372nd District
Court of Tarrant 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 must
be requested by the trial court and shall be obtained from this Court.
Filed: March 20, 2019
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