Casiano, Samson Perez ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-38,481-06
EX PARTE SAMSON PEREZ CASIANO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1178978-B IN THE 208th DISTRICT COURT
FROM HARRIS 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 the offense of
aggravated sexual assault of a child under fourteen and sentenced to imprisonment for thirty years.
On March 28, 2016, an order designating issues (ODI) was timely signed by the trial court.
The habeas record has been properly forwarded by the district clerk to this Court in response to our
mandamus abatement order. However, the record has been forwarded without the trial court having
resolved the designated issues in this case. Specifically, designated issues one and two. We remand
this application to the 208th District Court of Harris County to allow the trial judge to complete an
evidentiary investigation and enter findings of fact and conclusions of law as it pertains to designated
issues one and two set out in its ODI.
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 must
be requested by the trial court and shall be obtained from this Court.
Filed: November 22, 2017
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