Cisneros, Ricardo ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-71,244-01

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EX PARTE RICARDO CISNEROS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-2003-1719-B IN THE 158TH DISTRICT COURT FROM DENTON 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 three counts of aggravated sexual assault of a child and sentenced to 25 years' imprisonment on two of the counts and 40 years' imprisonment on one of the counts. The Second Court of Appeals affirmed his convictions. See Cisneros v. State, No. 02-06-103-CR, (Tex. App.- Fort Worth, 2007, pet. ref'd) (not designated for publication).

Applicant contends that his guilty pleas were involuntary because counsel rendered ineffective assistance. He also contends that counsel rendered ineffective assistance at punishment.

On September 29, 2008, the trial judge entered an order designating issues requiring counsel to file an affidavit in response to Applicant's allegations. On October 24, 2008, Applicant filed a motion requesting an extension of time to file a brief in response to counsel's affidavit and submit supporting evidence. On November 4, 2008, the trial judge granted the motion and allowed Applicant 30 days after Applicant was served with counsel's affidavit to submit his supplemental filing. The trial judge adopted the State's proposed findings of fact and conclusions of law and forward this application to this Court on December 19, 2008. However, the record does not contain copies of Applicant's supplemental brief and supporting evidence which he desired to file. We return this application to Denton County so that Applicant's supplemental brief and supporting evidence, if timely filed, may be reviewed by the trial judge.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 days of this order. A supplemental transcript containing copies of any supplemental briefs and evidence filed, along with the trial court's supplemental findings of fact and conclusions of law, if applicable, shall be returned to this Court within 60 days of the date of this order. No extensions of time will be granted by this Court.

Filed: March 18, 2009

Do not publish