DocketNumber： WR-63,432-01
Filed Date： 1/18/2006
Status： Precedential
Modified Date： 9/15/2015
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NUMBER CR-3350-03-(B)-1 IN THE 93RD
DISTRICT COURT HIDALGO COUNTY
Per curiam.
O R D E R
This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pled guilty to intoxication manslaughter and was sentenced to a term of eight years in prison. Applicant's direct appeal was dismissed in an unpublished opinion. Garcia v. State, No. 13-04-535-CR (Tex. App.--Corpus Christi 2005).
In this application for a writ of habeas corpus, Applicant argues that he was denied his right to appeal his conviction. The State has responded and the trial court has entered findings of fact and conclusions of law. It is this Court's opinion, though, that additional information is needed before this Court can render a decision on this ground for review.
The State indicates in its response that ". . . a transcript of the [plea] hearing was not obtained due to time constraints for filing the State's answer. . . ." The State will be given additional time to obtain this transcription.
The trial court shall order the State to obtain the transcription of the plea hearing and file the same with the trial court. Upon receipt of the transcription, the trial court shall supplement the record to this Court with the transcription.
This application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. The supplemental record containing the transcription shall be forwarded to this Court within 60 days of the date of this order. (1)
DELIVERED: January 18, 2006
DO NOT PUBLISH
1.