## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-91,938-01

EX P ARTE LAMAR SIMP SON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 10356-1 IN THE 82ND DISTRICT COURT

F ROM F ALLS COUNTY

Per curiam . O R D E R Applicant was convicted of assault causing bodily injury , family violence, and sentenc ed to 9 year s’ imprisonment. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. The rec ord forwa

rded to this Court appea

red, howeve r, to be incomplete. Specifica lly , an argument and a citation at the bottom of Pag e 10 of the Article 11.07 Writ Application For m ( Pag e 17 of the writ rec ord) appea

red to cut off mid-sentence , sug g esting that another pag e (most likely Pag e 11 of the Article 11.07 Writ Application For m) should have followed. The district cler k’s pag ination did not indicate that any pag es wer e missing, but Pag es 11 throu gh 1 4 o f the Article 11.07 Writ Application For

m werenot included in the re cord f orwa rded to this Court. On Dec

. 11, 2020, this Court order ed the district cler k to either forwa

rd to th i s C o u rt the2

pag e(s) that appea

red to be missing, or to cer tify in writing that the p age( s) wer e not part of the

rec ord. The district c lerk wa s order ed to comply within thirty

day s. As of this date, this Court has rec eived no response from the district cler k. Acc ording ly , we

rema nd this case to the district c ourt. Specifica lly , the trial court shall make finding s as to whether Applicant included any part of Pag es 11 th ro u gh 1 4 of the Article 11.07 Writ Application For m when he filed his application. I f the trial court deter mines that Applicant did not include any of those pag es, then the c ourt shall enter finding s so stating. I f the trial court deter

mines that Applicant included some part of Pag es 11 through 14 of the Article 11.07 Writ Application For m when he filed his application, the court shall enter finding s so stating. Fur

ther, the trial court shall order the district cler k to supplement the rec ord with those pag es. The court shall also enter finding s and conclusions as to whether the content of the pag es aff ects the finding s and conclusions enter ed on Oct. 15, 2020. I f the trial court deter mines that the pag es aff

ect its pre vious f

indings and conclusions, then the court shall enter supplemental or amende d finding s and conc lusions addressingthe application. The trial court shall make findings of fac t and co n clusions of l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, a

mong other things, any part of Pag es 11 through 14 that Applicant included when he filed his Article 11.07 Writ Application For m; any aff

idavits, motions, objections, and proposed finding s and conclusions; and any supplemental or amended f indings a nd conclusions, and or ders; and tr anscripts from hearings a nd depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of t ime must be requested by the trial court a nd obtained fr om this C ourt. Filed: Oc tober 12, 2022 Do not publish