Johnston, Chad Everett

• Court: Court of Criminal Appeals of Texas
• Decided: September 10, 2008
• Docket: WR-68,813-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-68,813-01 EX PARTE CHAD EVERETT JOHNSTON

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 29,086-A-H-1 IN THE 188^TH DISTRICT COURT

FROM GREGG 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 of a controlled substance and sentenced to sixty years' imprisonment.

This Court first received the habeas record on November 9, 2007. Since then, this Court has received supplemental records from the district clerk that suggest that the proceedings before the district court have not yet been concluded. As such, the application has been forwarded to this Court prematurely. We remand this application in order to provide the parties, the habeas court, and the district clerk with an opportunity to conclude the proceedings and complete the record.

We remand this application to the 188^th District Court of Gregg County. The trial judge shall enter findings of fact and conclusions of law 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 record and transcript containing any additional 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: September 10, 2008

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