Koss, Lawrence Anthony

• Court: Court of Criminal Appeals of Texas
• Decided: February 13, 2019
• Docket: WR-89,480-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-89,480-01

EX PARTE LAWRENCE ANTHONY KOSS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-1341780-S (A) 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 entered an open plea of guilty to

the offense of injury to a child, and was sentenced to imprisonment for forty years.

On August 10, 2018, an order designating issues was signed by the trial court, designating

the issue of whether Applicant received ineffective assistance of trial counsel for further resolution.

The habeas record has been properly forwarded to this Court by the district clerk pursuant to TEX .

R. APP . P. 73.4(b)(5). However, the record has been forwarded without the trial court having

resolved the designated issue(s) in this case. 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 must

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

Filed: February 13, 2019 Do not publish