Valadez, Mario Albert

• Court: Court of Criminal Appeals of Texas
• Decided: October 10, 2012
• Docket: WR-78,418-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-78,418-01 EX PARTE MARIO ALBERT VALADEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR2010-417 IN THE 207TH DISTRICT COURT FROM COMAL 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a habitation and sentenced to imprisonment for life. The Third Court of Appeals affirmed his conviction. Valadez v. State, No. 03-11-00224-CR (Tex. App.--Austin Oct. 26, 2011, pet. dism'd).

On September 14, 2012, the trial court entered an order designating issues. The habeas record has been forwarded to this Court prematurely. We remand this application to the 207th District Court of Comal County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: October 10, 2012

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