Sims, Dominic Dwayne

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,104-01
EX PARTE DOMINIC DWAYNE SIMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W10-52320-N (A) IN THE 195th DISTRICT COURT
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 and sentenced to imprisonment for sixty years.
The Applicant alleges, inter alia, that his trial counsel rendered ineffective assistance in this
case. The State responded to this allegation as follows, in pertinent part:
The State requests that the Court designate the issue of whether applicant was
denied the effective assistance of counsel as the issue to be resolved in the instant
proceeding. In furtherance of that investigation, the State asks the Court to order
applicant’s trial counsel, ANTONIUS (TON) MASSAR, to file an affidavit
summarizing the actions taken to represent the applicant and responding to the
allegations contained in the application.
On October 22, 2014, a timely order designating issues was signed by the trial court ordering
counsel to file an affidavit responding to Applicant’s allegations of ineffective assistance during his
trial. The habeas record has was then properly forwarded to this Court, but without the designated
issues having been resolved by the trial court. We remand this application to the 195th District
Court 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: April 29, 2015
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