Ramon, Joe Albert Sr

• Court: Court of Criminal Appeals of Texas
• Decided: February 1, 2023
• Docket: WR-94,473-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-94,473-01 & WR-94,473-02

EX PARTE JOE ALBERT RAMON, SR., Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. B-29,686-A & B-29,687-A IN THE 161ST DISTRICT COURT FROM ECTOR COUNTY

Per curiam. YEARY , J. filed a concurring opinion joined by SLAUGHTER , J.

ORDER

Applicant was convicted of murder and attempted capital murder and sentenced to ninety-

nine years’ imprisonment for each cause. The Eighth Court of Appeals affirmed his conviction for

the murder. Ramon v. State, No. 08-03-0045-CR. It appears that he did not file a notice of appeal

for the attempted capital murder 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 TEX . CODE

CRIM . PROC. art. 11.07.

The district clerk properly forwarded these applications to this Court under Texas Rule of

Appellate Procedure 73.4(b)(5). However, the applications were forwarded before the trial court

made findings of fact and conclusions of law. We remand these applications 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Filed: February 1, 2023 Do not publish