Cason, Bill Young

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-66,817-01, -02 & -03 EX PARTE BILL YOUNG CASON, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 04-049, 04-409 & 04-410 IN THE 235^TH DISTRICT COURT

FROM COOKE 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of murder and two counts of aggravated assault. He was sentenced to imprisonment for fifty-five years, twelve years, and five years. The Second Court of Appeals affirmed his convictions. Cason v. State, Nos. 02-05-00125-CR, 02-05-00126-CR & 02-05-00127-CR (Tex. App.-Fort Worth, April 13, 2006, pet. ref'd).

Applicant contends that trial counsel rendered ineffective assistance because he failed to object to a misstatement of the law in the jury instructions. On March 7, 2007, we remanded these applications for further findings of fact and conclusions of law. On remand, the trial court concluded that trial counsel's performance was not deficient and that Applicant was not prejudiced. We believe, however, that the record is not adequate to resolve Applicant's claim. Accordingly, the reporter's record shall be forwarded to this Court.

These applications will be held in abeyance until the reporter's record is forwarded to this Court. The record shall be forwarded 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. Any extensions of time shall be obtained from this Court.

Filed: August 22, 2007

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