Luna, Lucky John

• Court: Court of Criminal Appeals of Texas
• Decided: June 30, 2010
• Docket: WR-67,880-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-67,880-01 & -02 EX PARTE LUCKY JOHN LUNA, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. F0-231777-VQ & F0-500345-KQ IN THE 204TH DISTRICT COURT

FROM DALLAS 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sexual assault and was sentenced to imprisonment for fifteen and ten years, respectively. The Fifth Court of Appeals affirmed his convictions. Luna v. State, Nos. 05-05-00678-CR & 05-05-00679-CR (Tex. App.-Dallas 2006, no pet.).

On July 25, 2007, we denied these applications without written order on the findings of the trial court. We subsequently received a motion from Applicant to abate these applications because they had been prematurely forwarded to this Court. On September 12, 2007, we withdrew our July 25th dispositions on our own motion and remanded these applications to the trial court for further findings of fact and conclusions of law. We, however, have not received findings of fact and conclusions of law from the trial court.

These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 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 supplemental findings of fact and conclusions of law, shall be returned to this Court within 60 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: June 30, 2010

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