Opinion
NO. WR-40,661-37
07-22-2020
EX PARTE ELIGAH DARNELL, JR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1197286R IN THE 432ND DISTRICT COURT FROM TARRANT COUNTY
Per curiam. ORDER
Applicant was convicted of failure to comply with sexual offender registration requirements and sentenced to seventy-five years' imprisonment. The Second Court of Appeals affirmed his conviction. Darnell v. State, No. 02-10-00203-CR, 2011 WL 5515470 (Tex. App. — Fort Worth, Nov. 10, 2011). 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 May 12, 2020, the trial court entered an order designating issues. The district clerk properly forwarded 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 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: July 22, 2020
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