Opinion
NO. WR-91,884-01 NO. WR-91,884-02
11-04-2020
EX PARTE DARCELL JAMES CONWAY, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 18-DCR-082208 HC1 AND 16-DCR-075569 HC1 IN THE 240TH DISTRICT COURT FROM FORT BEND COUNTY
Per curiam. ORDER
Applicant entered open pleas of guilty to two charges of aggravated sexual assault of a child, and was sentenced to twenty-four years' imprisonment in each case, to run concurrently. He filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that he was denied his right to an appeal because counsel failed to advise him of his right to appeal and the process for obtaining an appeal. On April 28, 2020, the trial court entered an order designating issues. The district clerk properly forwarded these applications to this Court under Texas Rule of Appellate Procedure 73.4(b)(5). However, the applications were forwarded before the trial court made findings of fact and conclusions of law. We remand these applications 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. Filed: November 4, 2020
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