Opinion
WR-92 926-01
09-15-2021
EX PARTE JOHN NATHAN CAVANESS, Applicant
DO NOT PUBLISH
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 164724-A IN THE 452ND DISTRICT COURT FROM MASON COUNTY
ORDER
PER CURIAM.
Applicant was convicted of failure to stop and render aid and sentenced to twenty-five years' imprisonment. The Fourth Court of Appeals affirmed his conviction. Cavaness v. State, No. 04-17-00517-CR (Tex. App. - San Antonio August 8, 2018) (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 June 23, 2021, the trial court entered an order designating issues. The district clerk prematurely forwarded this application to this Court before the trial court made findings of fact and conclusions of law. We remand this application to 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 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.