Clayton, Patrick Dewayne

• Court: Court of Criminal Appeals of Texas
• Decided: February 5, 2020
• Docket: WR-90,746-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-90,746-01

EX PARTE PATRICK DEWAYNE CLAYTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 057591-01-D-WR IN THE 320TH DISTRICT COURT FROM POTTER COUNTY

Per curiam.

ORDER

Applicant was convicted of delivery of a controlled substance in a drug free zone and

sentenced to twenty-five years’ imprisonment. 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 18, 2019, the trial court entered an order designating issues. This application

was prematurely forwarded to this Court under Texas Rules of Appellate Procedure 73.4(b)(5) and

73.5. 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Filed: February 5, 2020 Do not publish