Espinoza, Francisco Federico

• Court: Court of Criminal Appeals of Texas
• Decided: May 12, 2010
• Docket: WR-73,834-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-73,834-01

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EX PARTE FRANCISCO FEDERICO ESPINOZA

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HABEAS CORPUS APPLICATION

FROM CAMERON COUNTY

IN THE 138^TH JUDICIAL DISTRICT COURT

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           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 pleaded no contest to the the offense of aggravated sexual assault and was sentenced to imprisonment for ten years.

            On April 16, 2010, the trial court signed an order designating issues, requiring Applicant’s trial counsel to submit an affidavit responding to Applicant’s habeas claims within 30 days. The habeas record has been forwarded to this Court prematurely. We remand this application to Cameron County to allow the trial judge to obtain an affidavit from counsel and enter findings of fact and conclusions of law.

            The District Clerk of Cameron County is ordered to forward this application to this Court after the judge of the 138^th Judicial District Court obtains an affidavit from counsel and enters findings of fact and conclusions of law.

            IT IS SO ORDERED THIS THE 12 DAY OF May, 2010.

DO NOT PUBLISH