Alexander, Edd Iii

• Court: Court of Criminal Appeals of Texas
• Decided: April 12, 2006
• Docket: WR-64,262-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,262-01 EX PARTE EDD ALEXANDER III, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 29,083 IN THE 13TH

DISTRICT COURT NAVARRO COUNTY

Per curiam.

O R D E R

This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pled guilty to sexual assault. The trial court, though, deferred a finding of guilt and placed Applicant on community supervision for a period of ten years. The State later filed a motion to adjudicate Applicant guilty, which Applicant contested. After a hearing, the trial court found the allegations in the State's motion to be true and adjudicated Applicant guilty of the offense. He was sentenced to a term of ten years in prison. There was no direct appeal.

In this application for a writ of habeas corpus, Applicant contends that the trial court improperly adjudicated him guilty of the offense. While the trial court has entered findings of fact and conclusions of law recommending that relief be denied, it is this Court's opinion that additional information is needed before this Court can render a decision, including the transcript from the contested hearing that resulted in Applicant being adjudicated guilty of the offense. Thus, the trial court shall supplement the record to this Court with a copy of this transcript.

Further, because this Court does not hear evidence, Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. A supplemental record containing the transcription of the court reporter's notes from the contested hearing shall be returned to this Court within 60 days of the date of this order. ⁽¹⁾

FILED: April 12, 2006

DO NOT PUBLISH

1.

¹ Any extensions of this time period shall be obtained from this Court.