Rogers, Anthony James

• Court: Court of Criminal Appeals of Texas
• Decided: October 17, 2007
• Docket: WR-62,075-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-62,075-03 EX PARTE ANTHONY JAMES ROGERS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 878691-B IN THE 338TH DISTRICT COURT

FROM HARRIS 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 injury to a child and sentenced to sixty (60) years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. See Rogers v. State, No. 14-01-00950-CR (Tex. App. Houston [14^th Dist.], 2006, pet. ref'd) (not designated for publication).

On July 16, 2007, the trial judge entered an Order Designating Issues requiring trial counsel, R. Christopher Goldsmith, to file and affidavit and the parties to file proposed findings of fact and conclusions of law. The habeas record appears to have been forwarded to this Court prematurely. We remand this application to Harris County to allow trial counsel to file an affidavit in this case and the trial judge to enter additional findings of fact and conclusions of law.

The District Clerk of Harris County is ordered to forward this application to this Court after trial counsel has filed an affidavit and the judge of the 338th Judicial District Court has entered additional findings of fact and conclusions of law.

Filed: October 17, 2007

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