HOLGUIN, CANDELARIO Jr. ( 2015 )

WR-67,454-08
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/24/2015 5:34:05 PM
Accepted 6/25/2015 8:16:29 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
FOR THE STATE OF TEXAS
AUSTIN, TEXAS RECEIVED
COURT OF CRIMINAL APPEALS
6/25/2015
ABEL ACOSTA, CLERK
EX PARTE §
§
§ NOS. WR-67,454-07
§ WR-67,454-08
CANDELARIO HOLGUIN, JR. § WR-67,454-09
AGREED MOTION TO RETURN
APPLICATIONS FOR WRITS OF HABEAS CORPUS
TO DISTRICT COURT
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES CANDELARIO HOLGUIN, JR., Applicant, and respectfully
asks this Court to return the above styled and numbered applications for writs of
habeas corpus to the District Court for an evidentiary hearing and would show the
Court the following:
I.
The writ applications filed by Candelario Holguin, Jr. in the Criminal District
Court of Dallas County were received by this Court on June 22, 2015. They were
assigned numbers WR-67,454-07, WR-67,454-08, and WR-67,454-09.
II.
An evidentiary hearing is scheduled in the trial court on Applicant’s writ
Agreed Motion to Return Applications for Writs of Habeas Corpus to District Court - Page 1
applications for September 18, 2015. This is the earliest date available for the hearing
based on the availability of the witnesses necessary to resolve the issues in
Applicant’s writ applications.
III.
An evidentiary hearing is necessary to properly resolve the issues raised in the
writ applications. These writ applications should therefore be returned to the trial
court for further factual development at the evidentiary hearing on September 18,
2015.
FOR THE ABOVE REASONS, Applicant respectfully asks that this agreed
motion be granted.
Respectfully submitted,
/s/ Robert N. Udashen
ROBERT N. UDASHEN, P.C.
Bar Card No. 20369600
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 (fax)
Attorney for Applicant
AGREED:
/s/ Laura Coats
Laura Coats
Assistant District Attorney
Agreed Motion to Return Applications for Writs of Habeas Corpus to District Court - Page 2