CourtListener 9374846•Allison, Trekeymian Jamal
Texte intégral
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,978-01
EX PARTE TREKEYMIAN JAMAL ALLISON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 46569-A-H-1
TH
IN THE 188 DISTRICT COURT FROM GREGG COUNTY
Per curiam.
ORDER
Applicant was convicted of two counts of possession of a firearm by a felon and sentenced
to five years’ imprisonment in each count. Applicant filed this application for a writ of habeas
corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE
CRIM . PROC. art. 11.07.
On November 3, 2021, this Court denied this application based on the findings of the trial
court without a hearing. It has come to the Court’s attention that the habeas judge who adopted the
State’s proposed findings of fact was Applicant’s defense counsel for the original plea in this cause
and so was disqualified to consider Applicant’s habeas application.
Therefore, this Court now reconsiders on its own motion the denial without written order on
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the findings of the trial court and remands this application to have a different judge consider the
Applicant’s claims.
The newly assigned judge shall make findings of fact and conclusions of law within ninety
days from the date of this order. The district clerk shall then immediately forward to this Court the
trial court’s findings and conclusions and the record developed on remand, including, among other
things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts
from hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be
requested by the trial court and obtained from this Court.
Filed: February 08, 2023
Do not publish
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