Villnave, Steven Edward

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-64,007-09
EX PARTE STEVEN EDWARD VILLNAVE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W11-22458-U (A) IN THE 291st DISTRICT COURT
FROM DALLAS 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
felony driving while intoxicated and sentenced to imprisonment for ten years.
The Applicant alleges, inter alia, that his trial counsel rendered ineffective assistance in this
case. The State responded to this allegation as follows, in pertinent part:
The State contends that Applicant was provided with effective assistance of
counsel. The State, however, recognizes that further evidence may be needed
regarding counsel’s representation of Applicant. Therefore, the State requests that
this Court issue an order designating issues and gather evidence, as is customary, by
way of affidavit from defense counsel or hearing should the Court deem such to be
necessary.
On May 17, 2014, a timely order designating issues was signed by the trial court ordering,
in part, that the issue of whether Applicant received ineffective assistance of trial counsel be
resolved. The habeas record has was then properly forwarded to this Court, but without the
designated issue having been resolved by the trial court. We remand this application to the 291st
District Court of Dallas County to allow the trial judge to complete an evidentiary investigation and
enter 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 shall
be obtained from this Court.
Filed: April 29, 2015
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