Jacobs, James Early ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-35,884-03
EX PARTE JAMES EARLY JACOBS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 241-1591-12-A IN THE 241ST DISTRICT COURT
FROM SMITH COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to possession of a controlled substance and was sentenced to
twenty-five years’ imprisonment as a habitual felon. 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; TEX . R. APP . P. 73.4(b)(5).
The trial court entered an order designating issues. However, the application forwarded to
this Court has no findings of fact and conclusions of law resolving the disputed issues. 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 also make findings regarding whether laches is
applicable. Carrio v. State, 992 S.W.2d 486 (Tex. Crim. App. 1999); Ex parte Perez, 398 S.W.3d
2206 (Tex. Crim. App. 2013).
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: November 16, 2022
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