Acevedo, Marta ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,267-02
EX PARTE MARTA ACEVEDO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20140D05736-243-2 IN THE 243RD DISTRICT COURT
FROM EL PASO 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
murder and sentenced to imprisonment for twenty-five years.
The trial court scheduled a habeas hearing after the time limit has passed. It appears that the
trial court has not finished its fact-finding. The habeas record has been properly forwarded to this
Court by the district clerk pursuant to TEX . R. APP . P. 73.4(b)(5). However, the record has been
forwarded without the trial court having resolved the issues in this case. We remand this application
to the 243rd District Court of El Paso 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 must
be requested by the trial court and shall be obtained from this Court.
Filed: December 11, 2019
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