Opinion
WR-95,854-01 WR-95,854-02
08-21-2024
EX PARTE WILBER CURTIS JOHNSON, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1502233-A & 1502234-A IN THE 179TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
Per curiam.
Applicant was convicted of aggravated sexual assault of a child younger than six years old and sentenced to 25 years' imprisonment. The Fourteenth Court of Appeals affirmed his convictions. Johnson v. State, Nos. 14-21-00465, 14-21-00466-CR (Tex. App.-Houston[14th] November 3, 2022, pet. ref'd). 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.
The trial court did not enter timely 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 record of Writ No. WR-95,854-01 reflects that, on June 25, 2024, the trial court ordered that a hearing would be held on July 9, 2024. The court's order also refers to habeas counsel. The records forwarded to this Court contain no information about any proceedings in the trial court after June 25, 2024. Nor do the records have any information about Applicant being represented by counsel. We remand these applications to the trial court to complete its evidentiary investigation and make findings of fact and conclusions of law. Further, if Applicant is represented by counsel, the trial court shall immediately inform this Court of the identity of counsel.
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.