Braga, John Neil

• Court: Court of Criminal Appeals of Texas
• Decided: December 12, 2007
• Docket: WR-68,830-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-68,830-01 EX PARTE JOHN NEIL BRAGA

HABEAS CORPUS APPLICATION

FROM CAMERON COUNTY

IN THE 107^TH JUDICIAL DISTRICT COURT

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 the offense of possession of marijuana and sentenced to imprisonment for ten years.

On September 5, 2007, the trial court entered an order directing Applicant's trial counsel to answer Applicant's habeas allegations. It appears that the habeas record has been forwarded to this Court prematurely. We remand this application to Cameron County to allow the trial judge to obtain the ordered affidavit from counsel and enter findings of fact and conclusions of law.

The District Clerk of Cameron County is ordered to forward this application to this Court after the judge of the 107^th Judicial District Court obtains the ordered affidavit and enters findings of fact and conclusions of law.

Filed: December 12, 2007

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