Opinion
NO. WR-92,442-01
05-05-2021
EX PARTE DARREN ANTHONY PAYNE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1461121-A IN THE 176TH DISTRICT COURT FROM HARRIS COUNTY
Per curiam. ORDER
Applicant was convicted of murder and sentenced to 25 years' imprisonment. The First Court of Appeals affirmed his conviction. Payne v. State, No. 01-16-00977-CR (Tex. App.-Houston[1st] August 31, 2018). 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.
On August 14, 2019, the trial court entered an order designating issues. 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 made findings of fact and 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.
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. Filed: May 5, 2021
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