Cocke, Abner L.

• Court: Court of Criminal Appeals of Texas
• Decided: June 30, 2010
• Docket: WR-68,808-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-68,808-01 EX PARTE ABNER L. COCKE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-11-13695-A IN THE 220^TH JUDICIAL DISTRICT COURT

FROM BOSQUE 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 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 burglary of a habitation and sentenced to imprisonment for life.

On November 5, 2007, the trial court signed an order designating issues. The habeas record was, however, forwarded to this Court prematurely before the trial court issued findings of fact regarding the designated issues. We remanded this application to Bosque County to allow the trial judge to enter findings of fact and conclusions of law on December 5, 2007. On January 9, 2008, this Court received a supplemental filing including an affidavit from trial counsel. However, this Court still has not received findings of fact and conclusions of law from the trial court.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 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 60 days of the date of this order. Any extensions of time shall be obtained from this Court

Filed: June 30, 2010

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