Hubert, Andre Djuna

• Court: Court of Criminal Appeals of Texas
• Decided: June 29, 2016
• Docket: WR-85,039-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-85,039-01

EX PARTE ANDRE DJUNA HUBERT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W11-60671-M (A) IN THE 194TH 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 murder and

sentenced to forty-five years’ imprisonment.

Applicant filed his habeas application in the trial court on October 15, 2015, and the trial

court entered a timely order designating issues on November 12, 2015. The designated issues have

not been resolved. The district clerk correctly forwarded the habeas application to this Court. See

TEX . R. APP . P. 73.4(b)(5). We remand the habeas application to allow the trial judge to complete

an evidentiary investigation, resolve the disputed issues, and enter findings. 2

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 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Filed: June 29, 2016 Do not publish