Adams, Marcellus Ywain ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,650-01
EX PARTE MARCELLUS YWAIN ADAMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 68779-01-B-WR IN THE 181ST 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 aggravated assault
and sentenced to twenty-five years’ imprisonment. The Seventh Court of Appeals affirmed his
conviction. Adams v. State, No. 07-15-00173-CR (Tex. App.—Amarillo Sept. 10, 2015) (not
designated for publication).
On March 12, 2019, the trial court entered a timely order designating issues, and on March
18, the district clerk forwarded this application to this Court. We believe that this application was
prematurely forwarded. We remand this application so the trial court can complete its evidentiary
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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: April 3, 2019
Do not publish