Gassaway, Kelvin Lee

• Court: Court of Criminal Appeals of Texas
• Decided: August 26, 2015
• Docket: WR-77,243-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-77,243-02

EX PARTE KELVIN LEE GASSAWAY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-0668773-N IN THE 195TH DISTRICT COURT FROM DALLAS 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

murder and sentenced to imprisonment for fifty years.

On February 10, 2015, an order designating issues was signed by the trial court, but no

findings have been forwarded to this Court. We remand this application to the 195th District Court

of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings

of fact and conclusions of law. This application will be held in abeyance until the trial court has resolved the fact issues. The

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 the trial court’s supplemental 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 shall

be obtained from this Court.

Filed: August 26, 2015 Do not publish