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Ex Parte Dwight Byrd, Aka Charles Reed, Applicant

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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 aggravated assault of a public servant and possession of a deadly weapon in a penal institution and was sentenced to imprisonment for life and twenty years, respectively. The Fourth Court of Appeals affirmed his convictions. Byrd v. State, No. 04-08-00313-CR (Tex. App.–San Antonio, delivered July 1, 2009, pet. ref’d).

On June 9, 2010, we remanded this application and directed the trial court to order trial and appellate counsel to file affidavits in response to Applicant’s ineffective assistance of counsel claims. On remand, the trial court adopted the State’s proposed findings of fact and conclusions of law, but the habeas record does not contain any affidavits from either trial or appellate counsel. Therefore, in order to properly supplement the record in this cause, the trial court shall order counsel to file affidavits.

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