EX PARTE GABRIEL RIOS BARBOZA (other)

OF TEXAS

NO. WR-74,502-01

EX PARTE GABRIEL RIOS BARBOZA

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 06CR2506-H IN THE 347TH JUDICIAL DISTRICT COURT

FROM NUECES 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 one count of murder, for which he was sentenced to fifty years imprisonment, and one count of aggravated assault, for which he was sentenced to twenty-five years imprisonment.

On July 16, 2010, the trial court entered an order designating issues to be resolved. The habeas record has been forwarded to this Court prematurely. We therefore remand this application to Nueces County to allow the trial court to address the unresolved issues 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 15, 2010

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