Opinion
WR-29,716-05
06-19-2024
EX PARTE MICHAEL JEROME SMITH, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 642708-E IN THE 178TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of indecency with a child and sentenced to forty years' imprisonment. Applicant did not appeal his conviction. Applicant filed this application for a writ of habeas corpus in the county of conviction raising issues related to his parole revocation, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
On November 16, 2023, the trial court entered an order designating issues. It ordered the Office of the General Counsel of the Texas Department of Criminal Justice ("TDCJ") to obtain an affidavit from the appropriate TDCJ official addressing the circumstances surrounding Applicant's supervised release and revocation thereof. The district clerk properly forwarded this application to this Court under Texas Rule of Appellate Procedure 73.4(b)(5). However, the application was forwarded before the trial court obtained the ordered affidavit and made findings of fact and conclusions of law. We, therefore, 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.