Opinion
WR-94,908-01
11-22-2023
EX PARTE RICARDO GUTIERREZ, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1467247-A IN THE 230TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
Per curiam.
Applicant was convicted of indecency with a child by contact and sentenced to eighteen years' imprisonment. Through counsel, 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.
The trial court entered an order designating issues, and this Court granted the trial court's request to have until January 18, 2024, to resolve the issues and enter findings of fact and conclusions of law. The application, however, was forwarded to this Court before the trial court made its findings. 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 by January 18, 2024. 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.