Ex parte Dews, WR-69,347-02

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtPER CURIAM
PartiesEX PARTE LARRY DARNYL DEWS, Applicant
Docket NumberWR-69,347-02
Decision Date23 November 2022

EX PARTE LARRY DARNYL DEWS, Applicant

No. WR-69,347-02

Court of Criminal Appeals of Texas

November 23, 2022


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 241-0108-16-A IN THE 241ST DISTRICT COURT FROM SMITH COUNTY

ORDER

PER CURIAM

Applicant was convicted of continuous sexual abuse of child under 14 years old and sentenced to thirty years' imprisonment. The Applicant did not file a direct appeal. 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 November 9, 2021, 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.

1

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.

2

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT