CourtListener 9368041•Stuenkel, Ryan Alan
Full text
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
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