Document Info

DocketNumber: WR-90,015-01

Filed Date: 8/21/2019

Status: Precedential

Modified Date: 8/24/2019

  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-90,015-01
    EX PARTE JESSY RODRIGUEZ , Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 1453117-A IN THE 183RD 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 aggravated
    robbery and sentenced to thirty-eight years’ imprisonment. The First Court of Appeals affirmed his
    conviction. Rodriguez v. State, 
    521 S.W.3d 822
    (Tex. App.—Houston [1st Dist.] 2017).
    Applicant contends that he is actually innocent1 and trial counsel was ineffective. The trial
    1
    In his pleadings, Applicant points to Exhibit B, an affidavit from Kyle Mutters. His
    affidavit was not forwarded with the record. If his affidavit was filed with this application, it
    shall be forwarded with the supplemental record.
    2
    court signed a timely order designating issues, but this application was forwarded before the trial
    court made findings of fact and conclusions of law. See TEX . R. APP . P. 73.4(b)(5). We remand this
    application so the trial court can complete an evidentiary investigation and make findings of fact and
    conclusions of law.
    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: August 21, 2019
    Do not publish