Quiroga, Roberto ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-74,083-01

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EX PARTE ROBERTO QUIROGA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 08-CR-1509-D IN THE 103^RD JUDICIAL DISTRICT COURT FROM CAMERON COUNTY

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   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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of murder and one count of tampering with evidence, and sentenced to thirty years' imprisonment for the murder count and ten years' imprisonment for the evidence tampering count, to be served concurrently. The Thirteenth Court of Appeals affirmed his conviction. Quiroga v. State, No. 13-08-00661-CR (Tex. App. - Corpus Christi, August 13, 2009, no pet.).

Applicant filed this application in the district court on April 22, 2010. On May 4, 2010, the trial court signed an order designating issues to be resolved, and instructed the district clerk to forward the order and the habeas application to this Court. The habeas record has been forwarded to this Court prematurely. We remand this application to Cameron County to allow the trial judge to complete findings of fact and conclusions of law with respect to the issues designated for resolution.  

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 60 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 90 days of the date of this order. Any extensions of time shall be obtained from this Court.   

  Filed: June 16, 2010

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