Smith, Jerry Dean Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,016-01
EX PARTE JERRY DEAN SMITH JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 18F1193-005-A IN THE 5TH DISTRICT COURT
FROM BOWIE COUNTY
Per curiam.
ORDER
A jury convicted Applicant of indecency with a child by exposure and assessed a seven year
prison sentence. Applicant, through habeas counsel, 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.
Applicant raises many claims that his trial counsel provided ineffective assistance.
Applicant has alleged facts that, if true, might entitle him to relief. There is no response from trial
counsel or findings from the trial court resolving the disputed factual issues. We remand this
application to the trial court to obtain a response from trial counsel and make findings of fact and
conclusions of law. See TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
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: February 2, 2022
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