Court of Criminal Appeals of Texas, 2011

Miles, Kurt Andre

Miles, Kurt Andre
Court of Criminal Appeals of Texas · Decided May 11, 2011

Miles, Kurt Andre

Opinion

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-75,780-01


EX PARTE KURT ANDRE MILES, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1087429
IN THE 208th DISTRICT COURT FROM HARRIS 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 the offense of aggravated robbery and sentenced to imprisonment for life years.

On February 12, 2009, a timely order designating issues was signed by the trial court . The habeas record has been forwarded to this Court prematurely. We remand this application to Harris County to allow the trial judge to complete an evidentiary investigation 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. Given the lengthy delay already present in this case, the issues shall be resolved within 30 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 60 days of the date of this order. Any extensions of time shall be obtained from this Court.



Filed: May 11, 2011

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