Mendoza-Soto, Jose Luis ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,477-04
EX PARTE JOSE LUIS MENDOZA-SOTO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1236743-C 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 the offense of
possession of a controlled substance weighing at least 400 grams and sentenced to imprisonment for
ten years.
The trial court signed an order designating issues and ordering an affidavit from trial counsel
on October 6, 2016. After 180 days from the day the writ application was served on the State, the
writ application was forwarded to this Court. TEX . R. APP . P. 73.5.
We remand this application to the 183rd District Court of Harris County to allow the trial
judge to complete an evidentiary investigation and enter findings of fact and conclusions of law. The
trial court shall obtain a response from trial counsel responding to Applicant’s claim of ineffective
assistance of counsel.
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: November 6, 2019
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