Smith, Stephen Patrick ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,230-01
EX PARTE STEPHEN PATRICK SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 069846-01-C-WR IN THE 251ST DISTRICT COURT
FROM POTTER 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 possession with
the intent to deliver a controlled substance and sentenced to imprisonment for thirty years.
The trial court signed an order designating issues on August 2, 2019. This application was
forwarded, however, before the trial court made findings of fact and conclusions of law. We remand
this application so the trial court can complete its 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: September 11, 2019
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