Gutierrez, Ruben

Court of Criminal Appeals of Texas

Gutierrez, Ruben

DecidedSeptember 15, 2004

DocketWR-59,552-01

StatusPublished

This text of Gutierrez, Ruben (Gutierrez, Ruben) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gutierrez, Ruben, (Tex. 2004).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 59,552-01 EX PARTE RUBEN GUTIERREZ

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM CAMERON COUNTY

Per Curiam.

O R D E R

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.

On May 12, 1999, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Gutierrez v. State, No. 73,462 (Tex. Crim. App. January 16, 2002).

In his application, Applicant presents twenty allegations in which he challenges the validity of his conviction and resulting sentence. In his first two allegations he claims that he was denied effective assistance of counsel because trial counsel failed to object to the testimony of several witnesses on confrontation grounds and appellate counsel failed to raise these issues on direct appeal. The reasons for counsels' conduct do not appear in the habeas corpus record. Therefore, this cause is remanded to the trial court so that the habeas corpus record can be supplemented with affidavits from trial and appellate counsel responding to Applicant's first two allegations. Applicant's remaining claims are denied.

IT IS SO ORDERED THIS THE 15^TH DAY OF SEPTEMBER, 2004.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 59,552-01 EX PARTE RUBEN GUTIERREZ

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM CAMERON COUNTY

Per Curiam.

O R D E R

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.

On May 12, 1999, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Gutierrez v. State, No. 73,462 (Tex. Crim. App. January 16, 2002).

In his application, Applicant presents twenty allegations in which he challenges the validity of his conviction and resulting sentence. In his first two allegations he claims that he was denied effective assistance of counsel because trial counsel failed to object to the testimony of several witnesses on confrontation grounds and appellate counsel failed to raise these issues on direct appeal. The reasons for counsels' conduct do not appear in the habeas corpus record. Therefore, this cause is remanded to the trial court so that the habeas corpus record can be supplemented with affidavits from trial and appellate counsel responding to Applicant's first two allegations. Applicant's remaining claims are denied.

IT IS SO ORDERED THIS THE 15^TH DAY OF SEPTEMBER, 2004.

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