Opinion
WR-95,433-02
05-29-2024
EX PARTE JEREMY GEROD SMITH, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1419920-A IN THE 263RD DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM
Applicant was convicted of murder and sentenced to thirty-five years' imprisonment. The First Court of Appeals affirmed his conviction. Smith v. State, No. 01-19-00218-CR (Tex. App.-Houston [1st Dist.] Aug. 6, 2020) (not designated for publication). Applicant, through counsel, filed an 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 held an evidentiary hearing. The habeas application forwarded to this Court has no findings of fact or conclusions of law. We remand this application to the trial court to complete its evidentiary investigation and make findings of fact and conclusions of law resolving the disputed issues.
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.