Lester, Jon Paul

• Court: Court of Criminal Appeals of Texas
• Decided: April 30, 2008
• Docket: WR-59,580-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-59,580-01 EX PARTE JON PAUL LESTER, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 2000-434,752-A FROM THE 140TH JUDICIAL

DISTRICT COURT LUBBOCK COUNTY

Per curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Penal Code. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated assault and sentenced to 25 years in prison after Applicant was found to be a habitual offender. Applicant appealed and the conviction was affirmed. Lester v. State, No. 07-03-00091 (Tex. App. - Amarillo, February 11, 2004, no pet.).

This application was previously remanded to determine whether Applicant was actually innocent of these offenses. The trial court subsequently entered findings that Applicant had withdrawn that allegation, but that an evidentiary hearing had been conducted on other grounds raised by Applicant. These findings included inconsistent findings of fact and recommended both that relief be granted and denied. Additionally, no record of the evidentiary hearing has been submitted.

This application for a post-conviction writ of habeas corpus will again be held in abeyance pending the trial court's entry of new findings of fact. A supplemental transcript containing the court reporter's notes from the evidentiary hearing and the trial court's revised findings of fact and conclusions of law shall be returned to this Court within 30 days of the date of this order. ⁽¹⁾

DELIVERED: April 30, 2008

DO NOT PUBLISH

1. ¹ Any extensions of this time period should be obtained from this Court.