Villanueva, Ernest

WR-81,346-01 DiruADnir «nrT7n COURT OF CRIMINAL APPEALS ATTORNEY AT LAW ; Transmitted 2/5/2015 5:33:17 PM i a i. «/tct a wcxtt ic ci n-n? ,on Accepted 2/6/2015 9:21:23 AM ^kt™, AUSTIN, TX 78701 ABEL AC0STA n ppw (512)469-7943 ULtK* Board Certified Criminal Law (512) 474-5594 - fax And Criminal Appellate Law by wetzel law^S^YEpom The Texas Board of Legal Specialization www.TexasCrfift^WelJ^^ „ , , oni<- ABEL ACOSTA, CLERK February 5, 2015 Gayle Henderson District Clerk 400 S. Nelson Fort Stockton, TX 79735-7132 Re: Ex parte Ernest Villanueva, No. P-2664-83-CR, in the 83rd District Court of Pecos County and WR-81,346-01 in the Texas Court of Criminal Appeals Dear Clerk Henderson: Pursuant to TEX. R. APP. P. 34.5(c)(1), this letter will serve as my official request for you to prepare and file a supplemental Clerk's Record in the above- styled and numbered cause. The Clerk's Record previously filed does not contain a copy of the affidavit of trial counsel, H. Thomas Hirsch, filed in Pecos County on August 12, 2014. Please forward the supplement to the Court of Criminal Appeals in Austin and send a copy to me as well. Thank you for your attention to this matter. Sincerely, /s/Richard E. Wetzel Richard E. Wetzel Attorney at Law cc: Court of Criminal Appeals Rod Ponton WR-81,346-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS TransmittedJ/5/2015 5:09:10 PM Accepted 2/6/2015 9:21:09 AM IN THE TEXAS COURT OF CRIMINAL APPEALS ABEL A§l|rk RECEIVED COURT OF CRIMINAL APPEALS 2/6/2015 § WR-81,346-01ABEL ACOSTA, CLERK LLANUEVA § APPLICANT'S MOTION TO HOLD APPLICATION PENDING THE FILING OF OBJECTIONS TO THE TRIAL COURT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS: Comes now, Ernest Villanueva, applicant in the above cause and would show the Court the following: Applicant filed an application for writ of habeas corpus under TEX. CRIM. PROC. CODE art. 11.07 challenging his final felony conviction for aggravated sexual assault in cause number P-2664-83-CR in the 83rd District Court of Pecos County. II. The application was transmitted to this Court on May 8, 2014, and assigned cause number WR-81,346-01. On June 25, 2014, the matter was remanded to the trial court for further development of applicant's assertion he was denied the effective assistance of counsel at trial. The trial court was additionally ordered to enter findings of fact and conclusions of law. III. On January 8, 2015, the trial court entered finding of fact and conclusions of law recommending the relief sought be denied. Those findings and conclusions were forwarded to the Court in a supplemental transcript dated January 30, 2015. Undersigned received a copy of the supplement on February 4, 2015. IV. Applicant intends to file objections to the trial court's findings and conclusions in the convicting court within the next 60 days. Applicant additionally intends to seek supplementation of the record with a copy of trial counsel's affidavit upon which the trial court relied. Applicant requests the instant application be held and no decision made on the application pending the filing of objections and supplementation of the record. Applicant will file his objections and seek supplementation within 60 days, on or before, April 6,2015. Prayer Wherefore, premises considered, applicant prays the instant motion be granted and he be afforded 60 days in which to file his objections to the trial court's findings and conclusions. Respectfully submitted, /s/ Richard E. Wetzel Richard E. Wetzel State Bar No. 21236300 1411 West Avenue, Suite 100 Austin, Texas 78701 (512)469-7943 (512) 474-5594 (fax) Wetzel_law@141 lwest.com Attorney for Applicant Ernest Villanueva Certificate of Service This is to certify a true and correct copy of the foregoing pleading was mailed to counsel for the State, Rod Ponton, 400 S. Nelson St., Fort Stockton, Texas, 79735, on this the 5th day of February, 2015. /s/ Richard E. Wetzel Richard E. Wetzel State Bar No. 21236300