Torres, Rolando

CourtCourt of Appeals of Texas
DecidedMarch 26, 2015
DocketWR-81,470-01
StatusPublished

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

Bluebook
Torres, Rolando, (Tex. Ct. App. 2015).

Opinion

I'.

SUBSEQUENT

WRIT OF HABEAS CORPUS

CERTIFIED COPIES OF

POST CONVICTION

RECEIVED IN 248TH CRIMINAL COURT COURT OF CRIMINAL APPEALS FROM: MAR 26 2015

OF Abel Acosta, Clerk

HARRIS COUNTY, TEXAS

ROLANDO TORRES 872184-A

APPLICANT

vs.

THE STATE OF TEXAS

RESPONDENT

PAGE I OF I REV. 01-02-04 INDEX PAGE

APPLICATION FOR WRIT OF HABEAS CORPUS

STATE'S MOTION REQUESTING DESIGNATION OF ISSUES 2

STATE'S PROPOSED ORDER DESIGNATING ISSUES 3

LETTER TO APPLICANT 5

CERTIFICATE OF THE CLERK 6

PAGE I OF I REV: 01-02-04 . .

ft -4<·/ PATRICIA,R. LYKOS DISTRICT ATTORNEY HARRIS COUNTY, TEXAS

December 13, 2011

Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 Re: Ex parte _Rolando Torres _ _ No. 872184-A in the 248th District Court ofHarris County, Texas Filing date: 11/17111

Date copy of writ delivered to District Attorney's Basket: 12/13/11 By: _Linda Bradley_ _ _ _ _ _ _ _ __

Dear Sir:

I hereby acknowledge receipt of a copy of the above-captioned post conviction application for writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure. Therefore, I waive service by certified mail as provided therein.

I understand that I have 15 days from the date received to answer.

~-.

-~~-- ..... ~~-~~:~ ~·: ;~·.;~~tl.~;;,~h~;:;:-:. . ::: .. ·····' Assistant District Attorney Harris County, Texas

1201 Franklin Street, Suite 600, Houston, Texas 77002-1923 NO. 872184-A

§ IN THE 248th DISTRICT COURT

§ OF ROLANDO TORRES, Applicant § HARRIS COUNTY, TEXAS

THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES

The State of Texas, by and through its Assistant District Attorney for Harris County; .. requests that this Court, pursuant to TEX. CODE CRIM. PROC. art. 11.07, §3(d), designate ;the

following issue which needs to be resolved:

1. Whether the applicant received the effective assistance of counsel on appeal.

Service has been accomplished by mailing a true and correct. copy of the foregoing

instrument to the following address:

Rolando Torres #1065518- Allred Unit 2101 FM 369 N. Iowa Park, Texas 76367

SIGNED December 18,2011. R~s ectful~y ubmitted, ·" ~.a. . Kevin P. Keating Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-6657, (713) 755-5809.(fax) Texas Bar I.D. #00787813 IN THE 248th DISTRICT COURT

§ OF ROLANDO TORRES; Applicant § HARRIS COUNTY, TEXAS

THE STATE'S PROPOSED ORDER DESIGNATING ISSUES

Having reviewed the applicant's application for writ of habeas corpus, the Court finds

that the following issue needs to be resolved in the instant proceeding:

1. Whether the applicant received the effective assistance of counsel·on appeal.

Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issues

and then enter findings of fact.

The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the

above-styled case to the Court of Criminal Appeals until further order by this Court.

t~- CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK

December 22, 2011

PATRICIA LYKOS DISTRICT ATTORNEY HARRIS COUNTY, TEXAS

To Whom It May Concern:

Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writ filed in cause number 872184-A in the 248TH District Court. ·

D State's Original Answer Filed

D Affidavit Filed

I2$J Court Order Dated December 21, 2011. D Respondent's Proposed Order Designating Issues & Order for filing affidavit

0· Respondent's Proposed Findings of Fact and Order Dated I2$J Other

e~L.s oltV'-C!, Deputy Criminal Post Trial

Enclosure(s) -MOTION/ORDER DESIGNATING ISSUES

1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577

PAGE I OF I REv: 01-02-04 · CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK

ROLANDO TORRES #1065518-ALLRED UNIT 2101 FM 369 N. IOWA PARK, TX 76367

Pursuant to Article 11.07 ofthe Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writ filed in cause number 872184-A in the 248 TH District Court.

C8J Court Order Dated December 21, 2011.

D Respondent's Proposed Order Designating Issues & Order for filing.affidavit

D Respondent's Proposed Findings of Fact and Order Dated

~ Other

MoltvU.t, Deputy Criminal Post Trial

1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • {888) 545-5577

PAGE I OF I REv: 01-02-04 SUPPLEMENTAL CERTIFICATE OF THE CLERK

APPLICANT IN CUSTODY

THE STATE OF TEXAS { IN THE 248th DISTRICT COURT

COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS

I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the

foregoing {j pages contain true and correct copies of original records now in my

lawful custody and possession relating to cause number 872184-A including the petition,

all answers filed by the State, the Order of the Court (entered on the 17TH day of

MARCH,A.D., 2015) and each document, the inclusion of which was thereby ordered.

I further certify the Applicant ROLANDO TORRES is in the custody of the Texas

Department of Criminal Justice Institutional Division.

Witness my hand and seal of said Court at Houston, Texas, on this the 1'11 day of

MARCH, 2015.

PAGE I OF I REV. 01-02-04

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