Massingill, Anthony Ray

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NOS. WR-13,685-05 & WR-13,685-06

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EX PARTE ANTHONY RAY MASSINGILL, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. W79-13007-I(A) & W79-13004-I(A)

IN THE CRIMINAL DISTRICT COURT NUMBER TWO

FROM DALLAS COUNTY

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           Per curiam. Keasler, J., not participating.

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 writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and aggravated rape. He was sentenced to ten years’ imprisonment in each cause.

            On September 24, 2013, the trial court signed agreed findings of fact and conclusions of law that were based on newly tested DNA evidence. The trial court recommended that relief be granted and the State agreed.

            However, these sentences have fully discharged and Applicant does not allege any collateral consequences from the convictions. He is currently incarcerated on an unrelated conviction. Applicant does not allege any collateral consequences of this conviction in his application or memorandum of law. Ex parte Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2010).

            The trial court shall make findings of fact and conclusions of law as to whether Applicant is suffering collateral consequences from these convictions and if so, what those consequences are.

These applications 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 shall be obtained from this Court.

Filed: June 18, 2014

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