Opinion
WR-95,885-01 WR-95,885-02
08-21-2024
EX PARTE WINSTON A. MCKENZIE, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W-1900104-A & W-1720656-A IN THE 283RD DISTRICT COURT FROM DALLAS COUNTY
ORDER
Per curiam.
Applicant was convicted of indecency with a child by sexual contact and aggravated sexual assault of a child. Applicant was sentenced to fifty-five years' imprisonment on each conviction. The Fifth Court of Appeals affirmed his convictions. McKenzie v. State, Nos. 05-19-00405-CR & 05-19-00406-CR (Tex. App.-Dallas Apr. 7, 2020) (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.
On July 31, 2024, the trial court entered an order designating issues. 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 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.