Hinojosa, Edward ( 2015 )

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Denise Bradley
Judge, 262nd District Court
1201 Franklin
Houston, Texas 77002
(713) 755-6961
(DOUBT OF CRIMINAL APPEAL'
MAY 07 2015
WR-82,619-01 and 86,619-02 AMA§.©§ta3G!@?k
In the
Court of Criminal Appeals
Oi lexas
Nos. 1055437-Aand 1042235-A
In the 262nd District Court
of Harris County, Texas
Ex parte Edward Hinojosa
Trial Court's Request for Extension
The 262nd District Court of Harris County, Texas, with the Honorable
Denise Bradley, moves the Court of Criminal Appeals to grant an extension
of time to resolve the claims in the instant writ and forward the writ record
to the Court pursuant to Rule 73.4.5 and would show the following:
I.
Procedural History
Edward Hinojosa , the applicant, is confined pursuant to the judgment
and sentence of the 262nd District Court of Harris County, Texas, having
been convicted of delivery of cocaine and bail jumping on June 19, 2006 in
cause numbers 1042235 and 1055437. The applicant entered a guilty plea
without an agreed recommendation in both cases, and the court assessed
punishment at thirty (30) years and ten (10) years confinement in the Texas
Department of Criminal Justice - Institutional Division in the delivery and
bail jumping cases respectively. No direct appeal was filed.
The applicant petitioned for a writ of habeas corpus on July 30, 2009.
The State was served with the application on August 4, 2009 and the court
signed a motion to designate issues on August 31, 2009. On November 17,
2014, the court signed the State's proposed findings of facts and conclusions
of law recommending that the applicant's writ be dismissed.
On February 25, 2015, the Court of Criminal Appeals remanded the
case to the trial court to resolve the issues of whether the applicant was
denied effective assistance of trial counsel. The State filed its Amended
Proposed Motion to Designate Issues and Order for Filing Affidavits on
March 9, 2015.
II.
On March 11, 2015, the 262nd District Court ordered trial counsel,
Matthew Leeper and Jesus Canales, to file affidavits summarizing their
actions as counsel for the applicant and responding to the applicant's
allegations of ineffective assistance. The affidavits were due on March 31,
2015. Pursuant to order for remand, the deadline for the 262nd District Court
to resolve these issues was April 25, 2015. The deadline for forwarding
findings to the Court of Criminal Appeals is May 25, 2015.
Accordingly, this Court requests additional time in order to resolve
the instant claims, determine whether the applicant is indigent, prepare
proposed findings of fact and conclusions of law for the Court's
consideration. This Court's request is not intended to unduly delay
proceedings in the instant cause.
III.
WHEREFORE, PREMISES CONSIDERED, this Court respectfully
requests that the Court of Criminal Appeals allow until July 25, 2015 to
forward the writ record in the instant cause.
SIGNED this 1M day of Apfil, 2015.
WM^'
^j^b^enise Bradle}
262nd District Court
Harris County, Texas