Deleon, Steven ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,765-01
EX PARTE STEVEN DELEON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2012-166A IN THE 421ST DISTRICT COURT
FROM CALDWELL COUNTY
Per curiam.
ORDER
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 continuous sexual
abuse of a child and sentenced to thirty-two years’ imprisonment. The Third Court of Appeals
affirmed his conviction. DeLeon v. State, No. 03-13-00202-CR (Tex. App.—Austin May 29,
2015)(not designated for publication).
Applicant contends that his trial counsel rendered ineffective assistance because counsel
failed to present evidence that Applicant was not in Caldwell County on the dates alleged in the
indictment and therefore, could not have committed the offense on these days. Applicant also
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alleges that counsel failed to prepare testifying witnesses, including himself, and failed to call
character witnesses.
Following a hearing, the trial court made findings of fact and conclusions of law. However,
the trial court’s original findings of fact and conclusions of law did not address all of Applicant’s
allegations. Therefore, additional findings of fact are necessary in order to resolve the issues in this
case.
The trial court shall make supplemental findings of fact and conclusions of law as to (1)
whether counsel was deficient in failing to present additional evidence as to Applicant’s alibi for
June 18, 2011, July 2, 2011, and, July 30, 2011; (2) whether counsel adequately prepared Frank
DeLeon, Christine DeLeon, and Lorraine DeLeon for their testimony; (3) whether counsel was
deficient for failing to call Applicant’s ex-girlfriend to testify during punishment; and, (4) whether
or not counsel adequately prepared Applicant for his testimony. The trial court shall also make any
other supplemental findings of fact and conclusions of law that it deems relevant and appropriate to
the disposition of Applicant’s claim for habeas corpus relief.
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: December 13, 2017
Do not publish