Opinion
WR-24,931-25
10-26-2022
EX PARTE FREDDIE ROBIN EDWARDS, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1709771-A IN THE 351ST DISTRICT COURT FROM HARRIS COUNTY
ORDER
Per Curiam.
Applicant pleaded guilty to evading arrest or detention with a vehicle and was sentenced to two years' imprisonment. Applicant did not appeal his conviction. 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 August 12, 2022, Applicant filed his initial writ application, and on August 31, 2022, Applicant filed a supplemental writ application raising one additional ground. On September 12, 2022, newly appointed habeas counsel filed a motion to dismiss the pending writ application. On September 28, 2022, the trial court entered an order designating issues. The district clerk then forwarded this application to this Court. 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 determine whether Applicant wants to pursue his writ application. If Applicant wants to dismiss his writ application, the trial court shall make findings to that effect. If Applicant wants to pursue his writ application, the trial court shall 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.