Stevenson, Henry Verdell

Court: Court of Criminal Appeals of Texas
Date filed: 2013-08-21
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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NOS. WR-79,907-01 and 02


EX PARTE HENRY VERDELL STEVENSON, Applicant



ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. W-730626-M(A) and W-730627-M(A) IN THE 194th DISTRICT COURT
FROM DALLAS COUNTY


Per curiam.

O R D E R



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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offenses of unlawful possession of methamphetamine and unlawful possession of cocaine and sentenced to imprisonment for twenty-five years in each case.

The Applicant alleges, inter alia, that trial counsel rendered ineffective assistance in these cases. The State responds, in pertinent part:

The State contends that Applicant was provided with effective assistance of counsel. The State, however, recognizes that further evidence may be needed regarding counsel's representation of Applicant. Therefore, the State requests that this Court issue an order designating issues and gather evidence, as is customary, by way of affidavit from defense counsel or hearing should the Court deem such to be necessary.



The applications were then forwarded to this Court without any affidavit from counsel or findings of fact and conclusions of law from the trial court. Therefore, we remand these applications to the 194th District Court of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.

These applications 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: August 21, 2013

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