WR-81,346-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/5/2015 5:09:10 PM
Accepted 2/6/2015 9:21:09 AM
ABEL ACOSTA
IN THE TEXAS COURT OF CRIMINAL APPEALS CLERK
RECEIVED
COURT OF CRIMINAL APPEALS
EX PARTE § 2/6/2015
§ WR-81,346-01ABEL ACOSTA, CLERK
ERNEST VILLANUEVA §
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:
I.
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
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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.
V.
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.
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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@1411west.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
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