Court of Criminal Appeals of Texas, 2009

Martinez, Leobardo JR

Martinez, Leobardo JR
Court of Criminal Appeals of Texas · Decided September 16, 2009

Martinez, Leobardo JR

Opinion

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-72,564-01


EX PARTE LEOBARDO MARTINEZ, JR., Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 08-CR-331-D
IN THE 103RD DISTRICT COURT FROM CAMERON 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 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 controlled substance and sentenced to imprisonment for five years.

On August 12, 2009, an order designating issues was signed by the trial 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 an evidentiary investigation and enter findings of fact and conclusions of law.

The District Clerk of Cameron County is ordered to forward this application to this Court after the judge of the 103rd Judicial District Court completes an evidentiary investigation and enters findings of fact and conclusions of law.

Filed: September 16, 2009

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