Cosey, Derrace Randall

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,576-01
EX PARTE DERRACE RANDALL COSEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1467421-A IN THE 338TH DISTRICT COURT
FROM HARRIS 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 aggravated sexual
assault of a child and sentenced to thirty-five years’ imprisonment.
Applicant filed this habeas application in the trial court on January 8, 2019. The trial court
entered an order designating issues on January 30, 2019. The district clerk forwarded the habeas
application to this Court, and it was received here on October 30, 2019, but there are no findings
from the trial court resolving the disputed factual issues. The application is remanded to the trial
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court to allow the trial judge to complete an evidentiary investigation and enter findings of fact and
conclusions of law resolving the disputed factual issues.
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 must
be requested by the trial court and shall be obtained from this Court.
Filed: December 11, 2019
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