Dunn, Edrick ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,930-02
EX PARTE EDRICK JAMAR DUNN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2011-432,529-B IN THE 140TH DISTRICT COURT
FROM LUBBOCK 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 offense of
aggravated robbery and sentenced to imprisonment for fifty years. The Seventh Court of Appeals
affirmed his conviction. Dunn v. State, No. 07-13-00378-CR (Tex. App.—Amarillo Aug. 11, 2014).
The habeas record includes a motion to recuse filed by Applicant. It appears that the habeas
judge denied the motion without referring it to the regional presiding judge as required by Texas
Rules of Civil Procedure 18a(f)(1).
We remand this application to the 140th District Court of Lubbock County to allow the habeas
judge to refer the motion to recuse to the regional presiding judge.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 30 days of this order. A supplemental transcript containing all orders
of the regional presiding judge, and any additional information relevant to the recusal motion, shall
be forwarded to this Court within 60 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 26, 2017
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