Sobaski, Kenneth

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-66,468-02
EX PARTE KENNETH SOBASKI, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 18-1266-K277A IN THE 277TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam.
ORDER
Applicant was convicted of criminally negligent homicide and sentenced to five years’
imprisonment. Applicant filed this application for a writ of habeas corpus and two supplemental
writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this
Court. See TEX . CODE CRIM . PROC. art. 11.07.
On January 23, 2020, 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. In addition to resolving issues
designated for resolution, the Court shall determine whether Applicant is still “confined” by this
conviction. TEX . CODE CRIM . PROC. art. 11.07 §3(c).
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 9, 2020
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