Gonzales, Sergio Daniel

• Court: Court of Criminal Appeals of Texas
• Decided: July 24, 2013
• Docket: WR-62,485-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-62,485-03

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EX PARTE SERGIO DANIEL GONZALES, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-CR-00000278-C IN THE 197TH DISTRICT COURT

FROM CAMERON COUNTY

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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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to ten years’ imprisonment. The Thirteenth Court of Appeals dismissed his appeal. Gonzales v. State, No. 13-12-00077-CR (Tex. App.—Corpus Christi–Edinburg 2012, no pet.).

            Applicant contends, among other things, that plea counsel failed to investigate potential impeachment evidence. The trial court made findings of fact and conclusions of law and recommended that we deny relief. We believe that the record is not sufficient to resolve Applicant’s claims. Accordingly, the trial court shall order the District Clerk to forward to this Court the supplemental police reports, if they exist, that are the evidentiary basis for Applicant’s claim that the complainant’s testimony could have been impeached.

             This application will be held in abeyance until the record has been supplemented. The supplemental record shall be forwarded to this Court within 60 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: July 24, 2013

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