Shead, Terrence Ruben ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-67,128-07
EX PARTE TERRENCE SHEAD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W02-55798-U-(C) IN THE 291ST DISTRICT COURT
FROM DALLAS COUNTY
Per curiam. YEARY , J. filed a concurring opinion which SLAUGHTER , J. joined.
ORDER
Applicant was convicted of capital murder and sentenced to life imprisonment. The Fifth
Court of Appeals affirmed his conviction. Shead v. State, 05-05-00080-CR (Tex. App.—Dallas
April 4, 2006)(not designated for publication). 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 November 17, 2021, the trial court entered an order designating issues. The district clerk
prematurely forwarded this application to this Court under Texas Rule of Appellate Procedure
73.4(b)(5). 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 trial court shall make a finding as to whether this application is barred
as subsequent under Texas Code of Criminal Procedure art. 11.07 §4. The trial court may make any
other findings and conclusions that it deems appropriate in response to Applicant’s claims. 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
Do not publish