Whitaker, Danny Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: November 18, 2015
• Docket: WR-84,082-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,082-01

EX PARTE DANNY WAYNE WHITAKER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W93-67363-U(A) IN THE 291ST DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

ORDER

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 the offense of

delivery of a controlled substance and sentenced to imprisonment for twenty years.

The trial court signed an order designating issues on May 6, 2015. After 180 days from the

day the writ application was served on the State, the writ application was forwarded to this Court.

TEX . R. APP . P. 73.5. Applicant has alleged facts which, if true, could entitle him to relief. We remand this

application to the 291st District Court of Dallas County to allow the trial judge to complete an

evidentiary investigation and enter findings of fact and conclusions of law resolving the designated

issue.

This application will be held in abeyance until the trial court has resolved the issue. The issue

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Filed: November 18, 2015 Do not publish