Robinson, John Paul

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,678-01
EX PARTE JOHN PAUL ROBINSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W10-64197L-A IN THE CRIMINAL DISTRICT COURT NUMBER FIVE
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 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 sexual assault of a child under fourteen and sentenced to imprisonment for twenty-five
years.
The Applicant alleges that he received ineffective assistance of trial counsel in this case. The
State responds to Applicant’s allegations, in pertinent part:
The State contends that Applicant was provided with effective assistance of
counsel. The State, however, recognizes that further evidence may be needed
regarding counsel’s representation of Applicant. Therefore, the State requests that
this Court issue an order designating issues and gather evidence, as is customary, by
way of affidavit from defense counsel or hearing should the Court deem such to be
necessary.
On July 1, 2014, a timely order designating issues was signed by the trial court. The habeas
record was then properly forwarded to this Court pursuant to TEX . R. APP . P. 73.4 (b)(5), but without
the designated issues being resolved by the trial court.1 We remand this application to the Criminal
District Court Number Five of Dallas County to allow the trial judge to complete an 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 shall
be obtained from this Court.
Filed: February 11, 2015
Do not publish
1
Under TEX . R. APP . P. 73.5, a trial court may request an extension of time to resolve
designated issues by filing a motion before the expiration of 180 days from the date of the receipt
of the application by the State.