Opinion
WR-62,917-02
09-21-2022
EX PARTE JOE DAVID PADRON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR02004423-F(1) IN THE 214TH DISTRICT COURT FROM NUECES COUNTY
ORDER
Per curiam.
Applicant was convicted of three counts of capital murder and sentenced to imprisonment. Applicant, through habeas counsel, 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 entered an order designating issues. However, the habeas record forwarded to this Court has no findings of fact and conclusions of law resolving the disputed factual issues, including whether laches should be applied to Applicant's claims. This application is remanded 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.