Delgado, Yemiel Victorio

• Court: Court of Criminal Appeals of Texas
• Decided: November 2, 2011
• Docket: WR-76,570-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-76,570-01 & -02 EX PARTE YEMIEL VICTORIO DELGADO, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 23747 & 23886 IN THE 75TH DISTRICT COURT FROM LIBERTY 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated kidnapping and aggravated sexual assault and sentenced to imprisonment for fifteen years on each count. He did not appeal his convictions.

On September 20, 2011, the trial court signed orders designating issues. The habeas record has been forwarded to this Court prematurely. We remand these applications to Liberty County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.

These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 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 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: November 2, 2011

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