Opinion
WR-95,364-01
01-17-2024
EX PARTE JACQUEL O'NEAL, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DC-23-21463A IN THE 52ND DISTRICT COURT FROM CORYELL COUNTY
ORDER
PER CURIAM.
A jury convicted Applicant of aggravated sexual assault of a child and sentenced him to twenty-five years' imprisonment. The Seventh Court of Appeals affirmed the conviction. O'Neal v. State, No. 07-15-00273-CR (Tex. App.-Amarillo May 31, 2016) (not designated for publication). Through habeas 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 found that there were "controverted, previously unresolved issues to be determined" and ordered trial counsel to file an affidavit. The habeas record forwarded to this Court does not have trial counsel's affidavit or trial court findings resolving the disputed factual issues.
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 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.