Yoes, Norman Wade

• Court: Court of Criminal Appeals of Texas
• Decided: November 17, 2021
• Docket: WR-80,200-06
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-80,200-06

EX PARTE NORMAN WADE YOES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 15286-03 IN THE 43RD DISTRICT COURT FROM PARKER COUNTY

Per curiam.

ORDER

Applicant was convicted of theft and sentenced to 30 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 Oct. 7, 2021, 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 developed the record 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Filed: November 17, 2021 Do not publish