Bowie, Desmond

• Court: Court of Criminal Appeals of Texas
• Decided: March 29, 2006
• Docket: WR-64,215-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,215-01

EX PARTE DESMOND BOWIE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F95-02591-QM IN THE 194^TH JUDICIAL DISTRICT COURT

DALLAS COUNTY

Per curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of murder, and punishment was assessed at fifty-five (55) years' confinement. Applicant's conviction was affirmed on appeal. Bowie v. State, No. 05-96-01697-CR (Tex. App. --Dallas, delivered October 14, 1999, pet. ref'd).

Applicant contends that the trial court lacked jurisdiction because Applicant was a minor and the discretionary transfer of jurisdiction from the juvenile court to the district court was void, in that Applicant was not properly served with the delinquency petition, summons, and petition for transfer.

The trial court has entered findings of fact or conclusions of law finding, "The records relating to Cause No. F95-02591-QM clearly reflect that Applicant's jurisdictional rights were not violated by either the district court or the juvenile court that certified Applicant to stand trial as an adult." However, it is this Court's opinion that more information is needed before this Court can render a decision.

Thus, the district court shall order the Dallas County District Clerk to provide a complete transcription of all the matters and proceedings of Applicant's cause of conviction, including any relevant juvenile court proceedings, or provide an affidavit indicating that a diligent search has been performed to locate the records to no avail or other explanation as to why the records could not be located.

This application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution shall be accomplished by the trial court within thirty (30) days of the date of this order ⁽¹⁾, and a supplemental transcript containing the Dallas County District Clerk's affidavit or an adequate record of this cause shall be returned to this Court within sixty (60) days of the date of this order. ⁽²⁾

IT IS SO ORDERED THIS THE 29th DAY OF MARCH, 2006.

EN BANC

DO NOT PUBLISH

1.

¹ In the event any continuances are granted, copies of the order granting the continuance shall be provided to this Court.

2.

² Any extensions of this time period shall be obtained from this Court.