Garza, Humberto

• Court: Court of Appeals of Texas
• Decided: March 20, 2015
• Docket: WR-78,113-01
• Status: Published

Opinion

WR-78,113-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 3/20/2015 6:36:49 AM Accepted 3/20/2015 8:24:58 AM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK

RECEIVED EXPARTE § TEXAS COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS § NO. WR 78,113-01 3/20/2015 ABEL ACOSTA, CLERK HUMBERTO GARZA, § § IN THE 3701h JUDICIAL DISTRICT APPLICANT § COURT OF HIDALGO COUNTY, TEXAS § NO. CR-3175-04-G(1)

ADVISORY TO THE COURT OF FILING OF OBJECTIONS TO THE CONVICTING COURT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW.

TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS:

Comes now Applicant, HUMBERTO GARZA, by and through undersigned

counsel, and advises this Honorable Court that the Convicting Court, the 3 70th District

Court of Hidalgo County, on February 12, 2015, entered an Order containing Findings

of Fact and Conclusions ofLaw and a recommendation denying habeas corpus relief.

Applicant has now prepared and is filing in the Convicting Court his

"Objections To, and Motion for Withdrawal Of, the Convicting Court's Findings of

Fact and Conclusions of Law and Recommendation of Denial of Relief," a copy of

which is attached to this Advisory. Applicant respectfully requests that this Court

consider these objections and his motion to the convicting court to withdraw its Order

ofFebruary 12,2015, to recuse itself and request the assignment of a different judge

to preside over renewed proceedings or, in the alternative, to enter revised Findings

-I- of Fact and Conclusions of Law and recommend relief, m the event that the

Convicting Court does not take the actions requested.

Respectfully submitted,

HILARY SHEARD Texas Bar# 50511187 730 1 Burnet Road,# 102-328 A ustin, TX 78757 Phone/Fax: (5 12) 524 137 1 Hi larySheard@Hotmai I. com

Counsel for Humber to Garza, Applicant

-2- CERTIFICATE OF SERVICE

I certify that on March 19, 2015, a copy of the foregoi ng pleading was served electronically via www.efileTexas.gov on:

Theodore C. Hake, Esq. Assistant Criminal District Attorney Hidalgo County Courthouse I 00 N. Closner, Room 303 Edinburg, Texas 78539. Ted.Hake@da.co.hidalgo.tx. us

Michael W. Morris, Esq. Assistant Criminal District Attorney Office of the District Attorney Hidalgo County Courthouse 100 N. Closner Edinburg, TX 78539 Michael.Morris@da.co.hidalgo.tx.us

Hilary Sheard.

-3-