Aviles, Louis Ivan

• Court: Court of Criminal Appeals of Texas
• Decided: November 26, 2008
• Docket: WR-71,017-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,017-01 EX PARTE LOUIS IVAN AVILES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 971688-A IN THE 339^TH JUDICIAL DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault of a child and sentenced to twenty-five years' imprisonment.

On July 17, 2008, the trial court entered an Order Designating Issues and For Filing Affidavit. Trial counsel filed an affidavit in response to the court's order on October 15, 2008. The trial court signed proposed findings of fact and conclusions of law on October 28, 2008, and the writ was forwarded to this Court on November 3, 2008. However, on November 7, 2008, the trial judge notified this Court that the habeas record had been forwarded to this Court prematurely. We remand this application to Harris County to allow the trial judge to supplement the record and fully resolve the pending habeas issues.

The District Clerk of Harris County is ordered to forward this application to this Court after the judge of the 339th Judicial District Court so orders.

Filed: November 26, 2008

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