Opinion
WR-95,302-01 WR-95,302-02
01-10-2024
EX PARTE NATHAN RAY FOREMAN, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1374838-A & 1374837-A IN THE 177TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
Per curiam.
Applicant was convicted of aggravated kidnapping with a deadly weapon and aggravated robbery with a deadly weapon and sentenced to concurrent terms of 50 years' imprisonment. The appellate court initially affirmed the convictions, but after granting Applicant's motions for reconsideration en banc, the Fourteenth Court of Appeals reversed and remanded for new trials. Foremanv. State, Nos. 14-15-01005-CR& 14-15-01006-CR(Tex. App.-Houston[14thDist] Aug. 31,2018). On discretionary review, this Court reversed the court of appeals' judgments and affirmed the convictions and sentences on November 25, 2020. Applicant 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.
On July 7, 2023, the trial court entered orders 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 records 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.