Jones, Deion Xavier ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,237-03
EX PARTE DEION XAVIER JONES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W15-20892-V(B) IN THE 292ND DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant pleaded not guilty to aggravated robbery and was sentenced to twenty-five years’
imprisonment. The Fifth Court of Appeals affirmed his conviction. Jones v. State, No. 05-17-
00013-CR (Tex. App.—Dallas Feb. 5, 2018) (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.
The Court denied the application without written order on November 16, 2022. After
reconsideration on our own motion, the Court withdraws the previous denial entered in this
application and substitutes this order. TEX. R. APP. P. 79.2(d).
Applicant contends that he has new evidence of his innocence: an unsworn declaration from
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complainant Jalen Tucker stating that Applicant did not have or point a firearm, Applicant did not
participate in the robbery at all, Applicant was not even present at the scene, and any prior
identification of Applicant was the result of misidentification. On June 27, 2022, the trial court
entered an order designating issue: Whether Applicant’s sole ground of actual innocence meets the
requirements set forth in Herrera v. Collins, 506 U.S. 390 (1993), and its progeny. 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: December 21, 2022
Do not publish