Opinion
WR-94,426-01 WR-94,426-02
03-01-2023
EX PARTE MAHAMET KEITA, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1595698-A & 1595699-A IN THE 248TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM
Applicant was convicted of two counts of tampering with governmental records and sentenced to three years' imprisonment for each count. The Court of Appeals affirmed his convictions. Keita v. State, Nos. 01-20-00176-CR & 01-20-00177-CR. (Tex. App.-Houston[1st Dist.] Dec. 21, 2021)(not designated for publication). 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 held an evidentiary hearing on November 16, 2022, and the reporter's record of the hearing was forwarded to this Court. However, that record indicates that another hearing was held in December 2022 and that second hearing record has not been forwarded to the Court. Under Article 11.07 of the Texas Code of Criminal Procedure, a reporter is required to transcribe a hearing within fifteen days of its conclusion and then to immediately forward the transcript to the district clerk in the county of conviction. Id. at § 3(d). After receiving the transcript, the district clerk is required to forward it, among other things, to this Court. Id.; see also Tex. R. App. P. 73.4(b)(4).
These applications were also 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 court shall ensure that the record is supplemented with the reporter's record of the hearing held in December 2022. 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.