Stuenkel, Ryan Alan

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2023
• Docket: WR-94,405-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,405-01

EX PARTE RYAN ALAN STUENKEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 007-0859-17-A IN THE 7TH DISTRICT COURT FROM SMITH COUNTY

Per curiam.

ORDER

Applicant was convicted of continuous sexual assault of a child under 14 years old and

sentenced to 25 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 Nov. 1, 2022, 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 obtained defense counsel’s

affidavit and 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 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Filed: January 11, 2023 Do not publish