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CASEY BLAIR
msTRIoT JUDGE
KAUFMA'N ooUNT¥ coURTHO`USE ' ‘ . - ‘ 7'
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' KAUFMAN~, TEXAS 75142 " '
(972) 932-`02541'_|A _) d _

 

86'1‘}1 JUDICIAL DISTkloT "o`F 'r'EXAS
KAUFMAN o_oUN_T_y_~M ;_ '_*.`; -» » KELLEY BLAiNE

 

i-. i, ,. , .. _' . " _' " ' ' ‘ ` 5 n 7 l d C.OURT COORDINA'l:OR
July 2',`2015 ` ' ' g= .~
"}W im M .--, .
M Ab iA t’ ci i< ‘ ` ' cOUR "H*'M£:M:B W ' '°<_': "
Court of Criminal _Appeals N'A‘L AF"F-'E!`j\l.$ ¢-'-
P.O. Box 12308 . JU|_ 07 2015 ' N
Austin, Tex"as 78.711` k _ t _o ,
Re: Joro`aii_ , ; lvliohael Ant`riony-Barx"y _ Abei ACCS?€§, vCie¥i( 5 .~
CCA No. WR-82,731-01 ' n l“°,|-..

 

Tri`ai court ease No. 32235A-86

_Dear Mr. Ac`osta`:

This Court requests an extension of time of 60 days to complete the Court’s`findings of
fact and conclusions of law in this habeas proceeding, for good cause. 'l`he Court has requested
an affidavit from trial counsel in this matter but has since learned that no complete record of the '
trial court proceedings in cause number 32285-86 has been prepared Because applicant’s
conviction was based upon two hearings before two different judges, and because the
undersigneddidtnot; participate in those proceedings,'this Court believes that both hearings must
be transcribed before this Court can enter proper findings in this matter.

The prosecution upon which this application for writ of habeas corpus was filed was
concluded in accord with a plea agreement.' Subsequent to this`Court’s first guilty-plea hearing
and sentencing in this case, the defendant moved for a new trial, complaining that his plea to the
agreed sentence was involuntary This Court granted applicant a new trial on punishment only,
and he then appeared before the judge of the 422“d District Court for a new punishment hearing
Applicant filed a notice of appeal,v and the record of the case was filed prior to the appeal being
dismissed1 -When applicant’s trial counsel began preparing his`affidavit in this writ proceed:in`g, it
was discovered that only the record of the initial plea and sentencing had been transcribed, but
the record of the second punishment hearing is of importance in resolving the issues asserted by
applicant in the present writ application

The court reporter for the 422“d District Court reported the second punishment hearing
and sentencing That reporter, Donna Gehl, advised the court last week that she did report the
hearing, but that when she attempted to access her notes of that hearing, she discovered that her
reporting software had malfunctioned and that she could not transcribe the hearing Ms. Gehl-
informed this Court that she would request help from a_software technician to transcribe the
notes and that she anticipates that the record of the second hearing will be available. Ms. Gehl is
currently completing the record of the death penalty trial in cause number AP-77,053, Eric Lyle

Williams v State, which is due to be filed ir_i__the .Co_u_r_t_.of Cr_imi_nal Appeals on July 15, 2015.
rhis court-anticipates that-the*r'ec¢id‘ df~'ihe‘-`sec'éHd'-'puiiishmerii iieariiig'wiii’ be completed in the
next 30 days and that defense counsel will then be able to, complete his affidavit, after which this
Court can enter appropriate findings

Wsubmitted, .
~~ 7/

Casey Blair, Judge Presi ing
86“‘ Judicial District Court `
Kaufman County, 'l`exas

  
  

