WR-83,375-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/4/2015 4:53:30 PM
Accepted 6/5/2015 8:58:45 AM
ABEL ACOSTA
WR-83,375-01 CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS RECEIVED
COURT OF CRIMINAL APPEALS
Writ No. 4762-A 6/5/2015
ABEL ACOSTA, CLERK
EXPARTE IN THE DISTRICT COURT
OF CARSON COUNTY, TEXAS
SHELTON WADE MONTGOMERY 100™ JUDICIAL DISTRICT
APPLICANT'S OBJECTIONS TO LACK OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES Applicant, SHELTON WADE MONTGOMERY, and
files these objections to the lack of Findings of Fact and Conclusions of Law
entered in the cause and would respectfully show the court as follows :
I.
Procedural History of the Case
Shelton Wade Montgomery was charged with two counts of aggravated
sexual assault of a child. On his plea of not guilty a jury trial was held.
Montgomery was convicted and given a sentence of 20 years on count 1 and 25
years on count 2 of the aggravated sexual assault charges on February 1, 2012. An
appeal to the Court of Appeals for the Seventh District in Amarillo was affirmed
on October 27, 2013, cause number 07-12-00070-CR. Montgomery filed a
petition for discretionary review in the cause which was refused on February 5,
2014. On May 8,2015, Montgomery filed an application pursuant to Tex. Code
Crim. Proc art 11.07. In the application and memorandum of law, Montgomery
raised substantive grounds of error that merited an evidentiary hearing and review.
An Order Designating Issues and appointing a writ master was submitted
but apparently never signed.
On June 4, 2015, the District Court submitted the application, without
Findings of Fact and Conclusions of Law, to the Court of Criminal Appeals.
Counsel for Montgomery was not provided a copy of the District Court's action.
II.
No Findings have been made
Montgomery timely objects to the trial court's gross breach of procedure
and, requests that the Court of Criminal Appeals remand the case back to the
District Court for proper Findings of Fact and Conclusions of Law based on
evidence gathered by the District Court.
Montgomery has raised a claim of ineffective assistance of counsel at the
sentencing phase of his trial which, if true, would merit relief.
WHEREFORE, PREMISES CONSIDERED, Applicant prays that this court
will remand this case for an evidentiary hearing wherein the live testimony of the
witnesses may be presented, or, alternatively, that this Court find that Applicant
has established that his trial attorney rendered ineffective assistance of counsel
and that this Court then vacate Applicant's conviction.
Respectfully submitted,
BRUCE ANTON
State Bar No. 01274700
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 7520 1
214-468-8100
214-468-8104 fax
ba@sualaw.com
Attorney for Applicant
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
Objections to Findings of Fact and Conclusions of Law has been served by U.S. mail
on the Carson County District Attorney's Office, 800 West Avenue, Box 1.
Wellington, Texas 79095, on the 5th day of June, 2015.
BRUCE ANTON