EX PARTE SCOTT ANTHONY CROW (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,693-01

EX PARTE SCOTT ANTHONY CROW, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. C-34,379 IN THE 244TH DISTRICT COURT FROM ECTOR 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). After Applicant was convicted of the offense of driving while intoxicated, he reached an agreement with the State for imprisonment for fifteen years.

On February 5, 2009, the application for a writ of habeas corpus was filed in the trial court. The habeas record forwarded to the Court shows that the trial court appointed counsel for applicant on the same day the application was filed. Additionally, the habeas record contains a document purporting to waive Applicant's post-conviction rights, including the right "to file a writ of habeas corpus." The application contains four alleged grounds for relief, but the habeas record contains no response from the State and no findings or orders from the trial court. It appears that the application was forwarded to this Court prematurely. We remand this application to Ector County to allow the parties to respond and the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.

The District Clerk of Ector County is ordered to forward this application to this Court after the judge of the 244th Judicial District Court completes an evidentiary investigation and enters findings of fact and conclusions of law.

Filed: April 1, 2009

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