Vanstory, Jay

• Court: Court of Criminal Appeals of Texas
• Decided: November 25, 2009
• Docket: WR-72,662-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-72,662-01

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EX PARTE JAY VANSTORY, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 87-406,741-A IN THE 140^TH JUDICIAL DISTRICT COURT

FROM LUBBOCK COUNTY

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           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 aggravated sexual assault of a child and sentenced to life imprisonment. The Seventh Court of Appeals affirmed his conviction. Vanstory v. State, No. 07-89-00344-CR (Tex. App. – Amarillo, August 29, 1990).

            Applicant contends, inter alia, that he has newly-discovered evidence of his innocence, that the State withheld favorable evidence from the defense, and that the State knowingly presented perjured testimony. The trial court held a habeas hearing to resolve the issues presented in Applicant’s writ, and now recommends that relief be denied. However, there is no copy of the habeas hearing transcript in the record.

            The trial court shall supplement the habeas record with a transcript of the habeas hearing held on July 17, 2009. This application will be held in abeyance until the habeas record has been supplemented. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing the transcription of the court reporter’s notes from the hearing 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: November 25, 2009

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