## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-67,418-02

EX P ARTE MICHAEL JACQUES, App licant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 20020D03178 IN THE 384T H DISTRICT COURT

F ROM EL P ASO COUNTY
Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1
. 07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of ca pital murder and sentenc ed to life imprisonment. The Eig hth Court of Appea ls aff irmed his conviction. Jacque s v. State , 08-02-00491- CR (Tex. App.– El P aso Aug . 12, 2004). Applicant contends that he is actua lly innocent b as ed on newly discovere d evidenc e, false testimony , and unreliable scienc e. Applicant, throug h counsel, has filed a 96 pag e memorandum. Counsel signe d a cer

tificate of compliance , stating the memorandum was exactly 15,000 words, in2

acc ordanc e with Rule 73.1(d) of the Texas Rules of Appellate Procedur e. Rule 73.1 states: L ength. Eac h g round for relief and supporting fac ts raised on the form shall not exceed the two pag es provided for eac h ground in the form. The applicant or petition er may file a separ ate memorandum. This memorandum shall comply with these rul es and shall not exceed 15,000 wo rd s if computer- g ener ated or 50 pag es if not. I f the total number of pag es, i ncluding those in the orig inal and any additional memoranda , exceed the word or pag e limit s, an appl i ca tion may be dismiss ed unless the convicting court for g ood cause sh o wn grants leave to ex ce ed the presc ribed limit s. The presc ribed limit s do not include appendic es, exhibi ts, co v er pag e, table of contents, table of authorities, and c ertificate of c ompliance.
T E X . R. A P P . P. 73.1(d). Given the extreme leng th of Applicant’s attache d memorandum, additional fac ts are neede d in order for this Court to asce rtain whether this application is in compliance with the rules. As we h el d i n E x p arte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)
. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant’s memorandum, excluding appendic es, exhibi ts, cover pag e, table of contents, table of authorities, an d
cer tificate of compliance , is 15,000 words or less. The trial court shall also make fi n dings of fac t and conclusions of law as to whether Applicant’s memorandum is in compliance with T E X . R. A P P . P. 73.1( d). The trial court sha ll also make any other finding s of fac t a

nd conclusions of law that it deems re levant and a

ppropriate
. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 30 day s of this order
. A supplement al t ra n s cr i pt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or3

deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwa rded to this Court within 60 day s of the date of this order
. Any extensions of time shall be obtained fr om this C ourt.

Filed: Nove mber 19, 2014 Do not publish