IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,812-01
EX PARTE THEODORE CHARLES SCHMIDT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1204964-A IN THE 182ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY , J. filed a concurring opinion in which SLAUGHTER , J., joined.
WALKER , J., dissented.
ORDER
Applicant was convicted of capital murder and sentenced to life imprisonment. The
Fourteenth Court of Appeals affirmed his conviction. Schmidt v. State, No. 14-10-00713-CR (Tex.
App. — Houston [14th Dist.] March 15, 2012). 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 February 22, 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 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: May 11, 2022
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