Johnson, James Edward

• Court: Court of Criminal Appeals of Texas
• Decided: May 9, 2007
• Docket: WR-67,390-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-67,390-01 EX PARTE JAMES EDWARD JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-94-1295-DWHC1 IN THE 362^ND DISTRICT COURT

FROM DENTON 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 delivery of a controlled substance and sentenced to fifteen (15) years' confinement. No direct appeal was taken.

Applicant contends that his parole was improperly revoked and that the revocation resulted from the malicious use of authority and constituted a double jeopardy violation.

On March 23, 2007, the trial court entered an order designating issues to be resolved. On April 11, 2007, the application was forwarded to this Court. It appears that this application has been forwarded to this Court prematurely.

This application will be held in abeyance until the trial court has had an opportunity to complete the record and enter findings of fact and conclusions of law. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: May 9, 2007

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