Nordyke, Robert Campbell

• Court: Court of Criminal Appeals of Texas
• Decided: September 14, 2011
• Docket: WR-76,108-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,108-01 EX PARTE ROBERT CAMPBELL NORDYKE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 7800 IN THE 259th DISTRICT COURT FROM JONES 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 deadly weapon in a penal facility and sentenced to imprisonment for three years.

On June 29, 2011, an order designating issues was signed by the trial court. The habeas record has been forwarded to this Court without the trial court having resolved the issues designated in its order. We remand this application to Jones 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. 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 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: September 14, 2011

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