Opinion
WR-94,327-01
03-27-2024
EX PARTE RONNIE MICHAEL HOPPER, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 60066-A-1*1 IN THE 30TH DISTRICT COURT FROM WICHITA COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated sexual assault (count one) and indecency with a child (counts two and three) and sentenced to twenty-five years' imprisonment on count one, and three years' imprisonment on counts two and three, with count three to run consecutively to counts one and two. The Second Court of Appeals affirmed his convictions. Hopper v. State, No. 02-18-00476-CR (Tex. App.-Fort Worth Feb. 6, 2020) (not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
On January 25, 2023, this Court remanded the application to obtain an affidavit from counsel and findings of fact regarding all of Applicant's claims. On April 21, 2023, the application was returned to this Court with agreed findings to grant relief on the false evidence claim (ground three) only. Those findings specifically stated that no findings were being made on Applicant's other grounds. This Court now remands the application again for the trial court to obtain an affidavit from counsel and to make findings regarding Applicant's outstanding claims. "Generally, all of an applicant's claims should be fully developed and ready to be resolved when the record is transmitted to this Court." Ex parte Roark, 662 S.W.3d 469, 469-470 (Tex. Crim. App. 2021).
The trial court shall make findings of fact and conclusions of law as to whether trial counsel's performance was deficient and Applicant was prejudiced. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See Tex. R. App. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.