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Odom, Dante Dewayne
WR-79,259-02
| Tex. Crim. App. | Nov 17, 2021
|
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*1 IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-79,259-02

EX PARTE DANTE DEWAYNE ODOM, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 591511-B IN THE 179TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam .

O R D E R

Applicant was convicted of burglary of a habitation with intent to commit sexual assault and sentenced to twelve years’ imprisonment. 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 T EX . C ODE C RIM . P ROC . art. 11.07.

On December 29, 2020, 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 T EX . R. A PP . P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.

Filed: November 17, 2021

Do not publish

Case Details

Case Name: Odom, Dante Dewayne
Court Name: Court of Criminal Appeals of Texas
Date Published: Nov 17, 2021
Docket Number: WR-79,259-02
Court Abbreviation: Tex. Crim. App.
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