Per curiam.
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2013-DCR-01371-G IN THE 404TH DISTRICT COURT FROM CAMERON COUNTY Per curiam. ORDER
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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of murder and sentenced to imprisonment for life. The Thirteenth Court of Appeals affirmed his conviction. Cadriel v. State, No. 13-14-00137-CR (Tex. App.—Corpus Christi-Edinburg Sept. 24, 2015) (not designated for publication). After a remand, the Court received a record that included a response from the State and signed findings of fact and conclusions of law addressing some of the claims raised. The Court denied relief without written order on February 28, 2018. This action was taken without knowledge that the parties had undertaken a live evidentiary hearing in September 2017 and intended to hold a second evidentiary hearing in June 2018. Similarly, it is evident that habeas counsel did not know that the habeas record had been transmitted to this Court with signed findings and that this Court decided the case based on the record before it in February 2018.
The record contains three separate writ applications, two filed by applicant acting pro se, and one filed by counsel. Ex parte Saenz, 491 S.W.3d 819, 824 (Tex. Crim. App. 2016) ("In general, when an applicant files amended or supplemental pleadings raising additional claims before we have disposed of his pending application, we consider the merits of his claims . . ."). --------
On its own initiative, the Court withdraws its decision of February 28, 2018, and re-opens this case for reconsideration after further development of the record and fact finding. TEX. R. APP. P. 79.2(d)
This application will be held in abeyance until the trial court has resolved the fact issues raised by the pleadings. The issues shall be resolved within 90 days of this order. A supplemental transcript containing the transcription of the court reporter's notes from any and all hearings, and any affidavits and interrogatories, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: February 6, 2019
Do not publish