Opinion
NO. WR-90,999-02 NO. WR-90,999-03 NO. WR-90,999-04
06-17-2020
EX PARTE AMANDA DARLENE PIXLEY, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 22,617-A, 22,618-A & 22,619-A IN THE 258TH DISTRICT COURT FROM POLK COUNTY Per curiam. ORDER
Applicant was convicted of three charges of sexual assault of a child and sentenced to twenty years' imprisonment in each case, to be served consecutively. The Ninth Court of Appeals affirmed her convictions. Pixley v. State, Nos. 09-15-00522-CR, 09-15-00523-CR & 09-15-00524-CR (Tex. App.—Beaumont Sep. 20, 2017) (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 29, 2019, the trial court entered untimely orders designating issues. Applicant then filed amended writ applications. The district clerk properly forwarded these applications to this Court under the Code of Criminal Procedure and the Texas Rules of Appellate Procedure. 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 records 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. Filed: June 17, 2020
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