Allison, Trekeymian Jamal

• Court: Court of Criminal Appeals of Texas
• Decided: February 8, 2023
• Docket: WR-92,978-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-92,978-01

EX PARTE TREKEYMIAN JAMAL ALLISON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 46569-A-H-1 TH IN THE 188 DISTRICT COURT FROM GREGG COUNTY

Per curiam.

ORDER

Applicant was convicted of two counts of possession of a firearm by a felon and sentenced

to five years’ imprisonment in each count. Applicant filed this application for a writ of habeas

corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE

CRIM . PROC. art. 11.07.

On November 3, 2021, this Court denied this application based on the findings of the trial

court without a hearing. It has come to the Court’s attention that the habeas judge who adopted the

State’s proposed findings of fact was Applicant’s defense counsel for the original plea in this cause

and so was disqualified to consider Applicant’s habeas application.

Therefore, this Court now reconsiders on its own motion the denial without written order on 2

the findings of the trial court and remands this application to have a different judge consider the

Applicant’s claims.

The newly assigned judge shall make findings of fact and conclusions of law within ninety

days from the date of this order. The district clerk shall then immediately forward to this Court the

trial court’s findings and conclusions and the record developed on remand, including, among other

things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts

from hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be

requested by the trial court and obtained from this Court.

Filed: February 08, 2023 Do not publish