Martinez, Leobardo JR

• Court: Court of Criminal Appeals of Texas
• Decided: September 16, 2009
• Docket: WR-72,564-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,564-01 EX PARTE LEOBARDO MARTINEZ, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 08-CR-331-D IN THE 103^RD DISTRICT COURT FROM CAMERON 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 this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of the offense of possession of controlled substance and sentenced to imprisonment for five years.

On August 12, 2009, an order designating issues was signed by the trial court . The habeas record has been forwarded to this Court prematurely. We remand this application to Cameron County to allow the trial judge to complete an evidentiary investigation 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 103^rd Judicial District Court completes an evidentiary investigation and enters findings of fact and conclusions of law.

Filed: September 16, 2009

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