Demings, Barry ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,919-01
EX PARTE BARRY DEMINGS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1165072-A IN THE 263RD DISTRICT COURT
FROM HARRIS 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 of a
cocaine and sentenced to 180 days’ incarceration in the County Jail. TEX . PENAL CODE § 12.44(a).
On February 20, 2015, the trial court made findings of fact and conclusions of law that were
based on laboratory results purportedly showing that Applicant possessed no controlled substances.
The trial court recommended that relief be granted. However, the habeas record contains only an
unsigned letter describing the results of the laboratory testing.
The trial court shall supplement the record with the laboratory report showing the analysis
2
of the evidence from Applicant’s case. If no such report is available, the trial court shall make
findings of fact addressing the absence of this evidence and assessing the credibility of the letter
included in the habeas record as Exhibit 4. The trial court shall also make any other supplemental
findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of
Applicant’s claim for habeas corpus relief.
This application will be held in abeyance until the trial court has supplemented the record and
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 shall be obtained from this Court.
Filed: April 15, 2015
Do not publish