Foster, Darell Glenn

• Court: Court of Criminal Appeals of Texas
• Decided: November 8, 2006
• Docket: WR-65,740-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 65,740-01 EX PARTE DARELL GLENN FOSTER

HABEAS CORPUS APPLICATION

CAUSE NO. W04-59213-L IN CRIMINAL DISTRICT COURT NO. 5

DALLAS 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 possession with intent to deliver a controlled substance and received a sentence of imprisonment for eight (8) years.

On July 25, 2006, the State filed a response in the district court requesting that the district court enter an order designating issues. Thereafter the district clerk forwarded the habeas record. It appears that the habeas record has been forwarded to this Court prematurely. We remand this application to Dallas County to allow the trial judge to complete the record and enter findings of fact and conclusions of law 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 the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

IT IS SO ORDERED THIS THE 8^th DAY OF NOVEMBER, 2006.

DO NOT PUBLISH