Ex Parte Thomas

OPINION — CONCURRING IN PART AND DISSENTING IN PART

ONION, Judge.

In Ex parte Young, Tex.Cr.App., 418 S.W.2d 824, where we interpreted Article 11.-07, V.A.C.C.P., as amended 1967, we held that where a hearing on disputed fact issues is granted by the judge of the convicting court, such judge shall make his findings of facts and conclusions of law. Where such hearing is held, regardless of whether a Writ of Habeas Corpus returnable to the Court of Criminal Appeals is issued or not, the record is to be transmitted to the Clerk of the Court of Criminal Appeals. This Court may then proceed as…