Taylor, Dylan

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,760-01
EX PARTE DYLAN TAYLOR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 67515 IN THE 23RD DISTRICT COURT
FROM BRAZORIA 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 having a
prohibited item in a correctional facility and sentenced to two years’ imprisonment. He did not
appeal his conviction.
Applicant contends that a judgment nunc pro tunc entered in this cause is improper because
it was signed after he had discharged the sentence. Applicant has alleged facts that, if true, might
entitle him to relief. In these circumstances, additional facts are needed. As we held in Ex parte
Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for
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findings of fact. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, §
3(d).
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make supplemental findings of fact and conclusions of law in regard
to whether the cumulation order was orally pronounced on the day of sentencing. The trial court
shall supplement the record with a copy of the trial transcript, if available. The trial court shall also
make any other 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 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: September 16, 2015
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