Goosby, Eric Eugene

• Court: Court of Criminal Appeals of Texas
• Decided: June 5, 2019
• Docket: WR-89,871-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-89,871-01

EX PARTE ERIC EUGENE GOOSBY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1352083-A IN THE 183RD DISTRICT COURT FROM HARRIS 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 being in

possession of a firearm as a habitual felon and sentenced to 25 years’ imprisonment.

Applicant filed this habeas application in the trial court on May 11, 2015, arguing ineffective

assistance of counsel and due process. The trial court entered an order designating issues on June 1,

2015. The district clerk forwarded the habeas application to this Court, and it was received here on

May 8, 2019, but there are no findings from the trial court resolving the disputed factual issues. The

application is remanded to the trial court to allow the trial judge to complete an evidentiary 2

investigation and enter findings of fact and conclusions of law resolving the disputed factual issues.

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 must

be requested by the trial court and shall be obtained from this Court.

Filed: June 5, 2019 Do not publish