EX PARTE DWIGHT BYRD, AKA CHARLES REED (other)

OF TEXAS

NO. WR-73,908-01

EX PARTE DWIGHT BYRD, AKA CHARLES REED, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 07-12-00171-CRK IN THE 81ST DISTRICT COURT

FROM KARNES 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 assault of a public servant and possession of a deadly weapon in a penal institution and was sentenced to imprisonment for life and twenty years, respectively. The Fourth Court of Appeals affirmed his convictions. Byrd v. State, No. 04-08-00313-CR (Tex. App. San Antonio, delivered July 1, 2009, pet. ref d).

On June 9, 2010, we remanded this application and directed the trial court to order trial and appellate counsel to file affidavits in response to Applicant s ineffective assistance of counsel claims. On remand, the trial court adopted the State s proposed findings of fact and conclusions of law, but the habeas record does not contain any affidavits from either trial or appellate counsel. Therefore, in order to properly supplement the record in this cause, the trial court shall order counsel to file affidavits.

After receiving counsel s affidavits, the trial court shall make further findings of fact as to whether the performance of Applicant s trial and appellate was deficient and, if so, whether Applicant was prejudiced. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant s claims for habeas corpus relief.

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: December 15, 2010

Do not publish