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Casillas, Juan Manuel
WR-51,935-04
| Tex. Crim. App. | Apr 6, 2022
|
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*1 IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-51,935-04

EX PARTE JUAN MANUEL CASILLAS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1172679-C IN THE 179TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam .

O R D E R

Applicant pleaded guilty to possession of a controlled substance with intent to deliver and he was sentenced to twelve years’ imprisonment. He did not appeal his conviction. 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.

This Court dismissed the WR-51,935-04 application as subsequent on March 16, 2022. After reconsideration on our own motion, the Court withdraws the previous dismissal entered in this application and substitutes this order. T EX . R. A PP . P. 79.2(d).

On May 14, 2013, the trial court entered an order designating issues. The district clerk properly forwarded this application to this Court under Texas Rule of Appellate Procedure

2 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: April 6, 2022

Do not publish

Case Details

Case Name: Casillas, Juan Manuel
Court Name: Court of Criminal Appeals of Texas
Date Published: Apr 6, 2022
Docket Number: WR-51,935-04
Court Abbreviation: Tex. Crim. App.
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