IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,372-01
EX PARTE FRANCISCO RUBIO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1385249-A IN THE 209TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of theft of a firearm and sentenced to seven months 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 June 26, 2020, 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 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: June 30, 2021
Do not publish
Rubio, Francisco Javier
Combined Opinion