Ezelle, Gregory Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: June 13, 2007
• Docket: WR-67,468-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-67,468-01 EX PARTE GREGORY LYNN EZELLE

HABEAS CORPUS APPLICATION

CAUSE NO. 3582W1 IN THE 69^TH JUDICIAL DISTRICT COURT

FROM MOORE 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 pleaded guilty to the offense of sexual assault, and was sentenced to imprisonment for fifteen years.

On April 5, 2007, the trial court signed an order requiring Applicant's trial counsel to submit an affidavit responding to the allegations in Applicant's writ. Because the habeas record does not contain an affidavit from counsel, and because the trial court has not entered findings of fact and conclusions of law, it appears that the habeas record has been forwarded to this Court prematurely. We remand this application to Moore County to allow the trial judge to obtain affidavits and enter findings of fact and conclusions of law.

The District Clerk of Moore County is ordered to forward this application to this Court after the judge of the 69^th Judicial District Court obtains the affidavit and enters findings of fact and conclusions of law.

IT IS SO ORDERED THIS THE 13^th DAY OF JUNE, 2007.

DO NOT PUBLISH