Thompson, Donald L.

Court of Criminal Appeals of Texas

Thompson, Donald L.

DecidedApril 9, 2014

DocketWR-80,734-01

StatusPublished

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Thompson, Donald L., (Tex. 2014).

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-80,734-01

EX PARTE DONALD L. THOMPSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 414239-A IN THE 174TH 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 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 sentenced to fifty years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Thompson v. State, No. B14-85-00382-CR (Tex. App.—Houston [14th Dist.] 1987, pet. ref’d).

Applicant contends that he is actually innocent and was denied his right to assert a complete defense. After holding evidentiary hearings on February 2 and September 6, 2012, the trial court made findings of fact and conclusions of law and recommended that we deny relief. The reporter’s record of the February 2 hearing was not, however, forwarded with the habeas record. If the record of the hearing has not been transcribed, the trial court shall order the reporter to do so and then order the District Clerk to forward the record to this Court. If the record has been transcribed, the trial court shall order the District Clerk to forward it to this Court.

A supplemental record containing the reporter’s record of the February 2 hearing shall be forwarded to this Court within 90 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: April 9, 2014

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-80,734-01

EX PARTE DONALD L. THOMPSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 414239-A IN THE 174TH 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 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 sentenced to fifty years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Thompson v. State, No. B14-85-00382-CR (Tex. App.—Houston [14th Dist.] 1987, pet. ref’d).

Applicant contends that he is actually innocent and was denied his right to assert a complete defense. After holding evidentiary hearings on February 2 and September 6, 2012, the trial court made findings of fact and conclusions of law and recommended that we deny relief. The reporter’s record of the February 2 hearing was not, however, forwarded with the habeas record. If the record of the hearing has not been transcribed, the trial court shall order the reporter to do so and then order the District Clerk to forward the record to this Court. If the record has been transcribed, the trial court shall order the District Clerk to forward it to this Court.

A supplemental record containing the reporter’s record of the February 2 hearing shall be forwarded to this Court within 90 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: April 9, 2014

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