Davis, Stephen E. AKA Davis, Stephen Earl

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-32,505-04
EX PARTE STEPHEN E. DAVIS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23,477-A IN THE 411TH DISTRICT COURT
FROM POLK 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
possession of a controlled substance and sentenced to imprisonment for twelve years.
Applicant claims, inter alia, that trial counsel should have challenged the punishment
enhancement and should have raised insanity, and he claims counsel mis-admonished him that the
punishment range was up to 99 years and that he would be placed on probation. On June 23, 2015,
an order designating issues was signed by the trial judge. It indicated that the trial court would
resolve the controverted factual issues and would enter findings. No findings have been included in
the habeas record. We remand this application to the 411th District Court of Polk 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: September 16, 2015
Do not publish