Opinion
WR-87,066-04
05-15-2024
EX PARTE ALAN KIM OTWELL, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR45839-B IN THE 238TH DISTRICT COURT FROM MIDLAND COUNTY
ORDER
Per curiam.
Applicant was convicted of aggravated sexual assault of a child and sentenced to twenty-five years' imprisonment. 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.
Applicant alleged, among other things, that there was prosecutorial misconduct and a conflict of interest because Midland County prosecutor Ralph Petty worked on his cases as both a prosecutor and a clerk for the district judges. The Midland County district attorney was recused and new counsel for the State asked for more time to respond, which was granted by the district court. We remand this application to the trial court to allow the State to respond and for the trial court to complete its evidentiary investigation and make findings of fact and conclusions of law regarding whether Petty was involved in Applicant's cases.
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.