Chung, Jay Yoon

• Court: Court of Criminal Appeals of Texas
• Decided: June 5, 2019
• Docket: WR-45,355-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-45,355-05

EX PARTE JAY YOON CHUNG, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C34587 IN THE COUNTY COURT AT LAW FROM NAVARRO COUNTY

Per curiam.

ORDER

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 a 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 a controlled substance and sentenced to imprisonment for ten years.

Applicant filed a motion to recuse the trial judge concurrently with his Article 11.07 habeas

corpus application. Ex parte Sinegar, 324 S.W.3d 578 (Tex. Crim. App. 2010). The habeas record

has been properly forwarded to this Court by the district clerk. TEX . CODE CRIM . PROC. art. 11.07

§ 3(c). Because recusal proceedings were pending when the habeas corpus record was forwarded to

this Court, no judge has participated in the review of this writ application. We remand this application to the County Court at Law from Navarro County. Following the

recusal proceedings, the appropriate judge shall review the pleadings and determine whether there

are controverted, previously unresolved facts material to the legality of the Applicant’s confinement.

TEX . CODE CRIM . PROC. art. 11.07 § 3(c). If so, the court shall designate the appropriate issues and

resolve them. If not, the court shall enter an order finding no unresolved issues material to the

legality of Applicant’s confinement and notify the District Clerk so the writ record may be returned

to this Court.

This application will be held in abeyance until the trial court has reviewed the writ

application and resolved any fact issues, if necessary. Any issues shall be resolved within 90 days

of this order. A supplemental transcript containing all affidavits and interrogatories or the

transcription of the court reporter’s notes from any hearing or deposition, along with any findings

of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this

order. Any extensions of time must be requested by the trial court and shall be obtained from this

Court.

Filed: June 5, 2019 Do not publish