Aviles, Louis Ivan

• Court: Court of Criminal Appeals of Texas
• Decided: June 30, 2010
• 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 therefore remanded this application to Harris County to allow the trial judge to supplement the record and fully resolve the pending habeas issues on November 26, 2008. After remanding the application as prematurely forwarded, this Court has not received the application back from Harris County.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 60 days of the date of this order. Any extensions of time shall be obtained from this Court

Filed: June 30, 2010

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