Opinion
WR-95,247-02
01-24-2024
EX PARTE ROBERT EVERETT WINSETT, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-372-W012353-1488018-A IN THE 372ND DISTRICT COURT FROM TARRANT COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated assault with a deadly weapon and sentenced to twenty-two years' imprisonment. The Second Court of Appeals affirmed his conviction. Winsett v. State, No. 02-18-00326-CR (Tex. App. - Fort Worth May 23, 2019). 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.
The district clerk properly forwarded this application to this Court under Texas Rule of Appellate Procedure 73.4(b)(5). However, because recusal proceedings were pending when the habeas corpus record was forwarded to this Court, no judge has participated in the review of this writ application.
We remand this application to the trial court. Following the recusal proceedings, the appropriate judge shall review the pleadings and determine whether there are controverted, previously unresolved facts material to the legality of Applicant's confinement. TEX. CODE CRIM. PROC. art. 11.07 § 3(c). If so, the court shall designate the appropriate issues and resolve them. If not, the court shall enter an order finding no unresolved issues material to the legality of Applicant's confinement and notify the District Clerk so the writ record may be returned to this Court.
This application will be held in abeyance until the trial court has reviewed the writ application and resolved any fact issues, if necessary. Any issues shall be resolved within ninety days of the completion of the recusal proceedings. 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.