Leza, Armando ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,580-01
EX PARTE ARMANDO LEZA
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
IN CAUSE NO. 2007-CR-4563A IN THE 187 TH DISTRICT COURT
BEXAR COUNTY
Per curiam.
ORDER
In May 2009, a jury found applicant guilty of the offense of capital murder. The jury
answered the statutory punishment questions in such a way that the trial court set applicant’s
punishment at death. On December 17, 2010, the State filed in this Court its brief on
applicant’s direct appeal. Pursuant to Article 11.071 §§ 4(a) and (b)1 , applicant’s initial
1
Unless otherwise indicated all references to Articles refer to the Code of
Criminal Procedure.
Leza - 2
application for a writ of habeas corpus was due to be filed in the trial court on or before May
2, 2011, assuming a motion for extension was timely filed and granted.
Because it had been more than three years since the application was due in the trial
court, this Court on June 18, 2014, ordered the trial court to resolve any remaining issues in
the case within 120 days from the date of that order. This Court further noted that the clerk
should immediately thereafter transmit the complete writ record to this Court. Thus, the trial
court should have resolved the issues raised in the writ on or before October 16, 2014, and
the record should have been sent to this Court shortly thereafter. However, no writ record
has been sent to this Court.
It has now been four and a half years since the application was due in the trial court.
Accordingly, the trial court has 60 days to resolve any issues remaining in the case. The
clerk should immediately thereafter transmit the complete writ record to this Court. Any
extensions of time shall be obtained from this Court.
IT IS SO ORDERED THIS THE 16TH DAY OF DECEMBER, 2015.
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