Atkinson, Don

Court of Criminal Appeals of Texas

Atkinson, Don

DecidedMay 2, 2007

DocketWR-50,553-03

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Atkinson, Don, (Tex. 2007).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 50,553-03 EX PARTE DON ATKINSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-91-453-C IN THE 211^TH DISTRICT COURT

FROM DENTON 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 this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of retaliation and sentenced to five years' imprisonment.

The trial court entered an order designating issues on March 21, 2007 ordering that affidavits be filed prior to April 25, 2007. The district clerk prematurely forwarded the application to this Court, which received it on March 27, 2007. We remand this application to Denton County to allow the trial judge to enter findings of fact and conclusions of law and complete the records.

The District Clerk of Denton County is ordered to forward this application to this Court after the judge of the 211^th Judicial District Court completes evidentiary hearings and enters findings of fact and conclusions of law.

Filed: May 2, 2007

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