Opinion
WR-94,939-01 94,939-02 94,939-03
08-23-2023
EX PARTE JEFFREY PAUL LYNN, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. CR22859-A, CR25434-A & CR22532-A IN THE 35TH DISTRICT COURT FROM BROWN COUNTY
ORDER
PER CURIAM
Applicant pleaded guilty to two charges of possession of a controlled substance in a drug free zone in the -01 and -02 cases, and one charge of assault with family violence in the -03 case. He received concurrent four-year sentences for each of the possession convictions, and a consecutive seven-year sentence for the assault conviction. Although the judgments are unclear as to the order in which the sentences were to be served, the plea papers in all three cases suggest that the four-year sentences were to be "stacked" on the seven-year sentence. Applicant did not appeal his convictions. 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 June 29, 2023, the trial court entered an order designating issues in all three cases. The district clerk prematurely forwarded these applications to this Court 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 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.