Baker, James Estes III

• Court: Court of Criminal Appeals of Texas
• Decided: May 19, 2010
• Docket: WR-11,116-09
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-11,116-09 EX PARTE JAMES ESTES BAKER III, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 526054-B IN THE 209^TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of kidnapping, and punishment was assessed at fourteen years' confinement. No direct appeal was taken.

Applicant initially filed this application pro se. This Court remanded the application to the trial court on October 28, 2009. While the application was on remand and without the knowledge of this Court, the trial court appointed counsel to represent Applicant on this application. The trial court then inadvertently signed the State's proposed findings of fact and conclusions of law without allowing newly appointed counsel time to investigate or respond to this Court's remand order.

The trial court forwarded the findings of fact recommending the denial of relief to this Court on March 1, 2010. On March 24, 2010, this Court denied the application based on the trial court's findings. Applicant's appointed habeas counsel has filed a motion requesting that this Court reconsider, sua sponte, our prior ruling denying relief. The trial court admits that the signing of the findings was in error and requests that this Court remand this application for further consideration.

After reconsideration, sua sponte, we withdraw our previous denial of relief. The findings of fact signed by the trial court on January 25, 2010 were signed without allowing appointed counsel sufficient time to respond to the issues designated for resolution by this Court's prior remand order.

This application is remanded to the trial court for any further proceedings it deems appropriate. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

DO NOT PUBLISH

DELIVERED: May 19, 2010