Opinion
WR-95,421-02
06-12-2024
EX PARTE STEVEN CHARLES SUMLIN, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2018CR1545-W1 IN THE 227TH DISTRICT COURT FROM BEXAR COUNTY
ORDER
PER CURIAM.
Applicant was convicted of continuous trafficking of persons and sentenced to fifty-five years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Sumlin v. State, No. 07-19-00036-CR (Tex. App.-Amarillo May 28, 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 November 30, 2021, the trial court entered an order designating issues. Applicant filed an application for a writ of mandamus, and the district clerk was ordered to forward this application to this Court under Texas Rule of Appellate Procedure 73.4(b)(5). However, the application was forwarded before the trial court made findings of fact and conclusions of law. We remand this application to the trial court for the trial court to continue its efforts in obtaining a response from trial counsel. And, for the trial court to complete its evidentiary investigation and make findings of fact and conclusions of law.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The trial court shall also supplement the habeas record with the Reporter's Record and Clerk's Record from Applicant's trial. 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.