Dederick, Salvatore ( 2010 )


Menu:
















  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS




    NO. WR-74,468-01


    EX PARTE SALVATORE DEDERICK, Applicant



    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. 08CR0556H IN THE 347TH DISTRICT COURT
    FROM NUECES COUNTY


         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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of aggravated kidnapping and sentenced to five years' imprisonment. He did not appeal his conviction.   

    On July 16, 2010, the trial judge signed an order designating issues. The habeas record has been forwarded to this Court prematurely. We remand this application to Nueces 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.   



    Filed: September 22, 2010

    Do not publish



Document Info

Docket Number: WR-74,468-01

Filed Date: 9/22/2010

Precedential Status: Precedential

Modified Date: 9/16/2015