Quintero, Jesus Rene ( 2013 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-79,106-01

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EX PARTE JESUS RENE QUINTERO, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 05-07-06473-CR

           IN THE 359^TH DISTRICT COURT FROM MONTGOMERY COUNTY

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           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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of murder and one count of attempted murder. The jury assessed punishment at thirty years’ imprisonment for the murder and five years’ imprisonment for the attempted murder. The Ninth Court of Appeals affirmed his convictions. Quintero v. State, No. 09-07-00427-CR (Tex. App.–Beaumont March 12, 2010)(unpublished).

            Applicant contends, inter alia, that his counsel was ineffective. The trial court held a habeas hearing on this application in March 2013. The reporter’s record was forwarded to this Court in July 2013. The reporter’s record from that hearing indicates that the judge intended to sign supplemental findings of fact after the habeas hearing. No such findings of fact have been forwarded to this Court. The only findings signed by the habeas judge and forwarded to this Court were prepared and signed two months prior to the habeas hearing.

            The trial court shall provide this Court with its supplemental findings of fact prepared and signed after the habeas hearing. If the trial court decides not to prepare and sign findings, the trial court shall inform this Court of that decision.

            This application will be held in abeyance until the trial court has prepared its findings of fact. A supplemental transcript containing the trial court’s supplemental findings of fact and conclusions of law, shall be returned to this Court within 30 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed:  July 24, 2013

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