STUART, ROY CURTIS Jr. ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-86,542-01 & WR-86,542-02
EX PARTE ROY CURTIS STUART, JR., Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W13-52718-Y(A) & W13-52719-Y(A)
IN CRIMINAL DISTRICT COURT NO. 7
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 of unlawful
possession of a firearm and delivery of a controlled substance. He was sentenced to imprisonment
for forty-five and twenty years.
On September 27, 2016, the trial court entered orders designating issues. The District Clerk
properly forwarded the habeas record to this Court under TEX . R. APP . P. 73.4(b)(5). However, the
record has been forwarded without the trial court having resolved the designated issue(s) in these
cases. We remand these applications to allow the trial court 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 must be
requested by the trial court and shall be obtained from this Court.
Filed: April 5, 2017
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