I'.
SUBSEQUENT
WRIT OF HABEAS CORPUS
CERTIFIED COPIES OF
POST CONVICTION
RECEIVED IN
248TH CRIMINAL COURT
COURT OF CRIMINAL APPEALS
FROM:
MAR 26 2015
OF Abel Acosta, Clerk
HARRIS COUNTY, TEXAS
ROLANDO TORRES
872184-A
APPLICANT
vs.
THE STATE OF TEXAS
RESPONDENT
PAGE I OF I REV. 01-02-04
INDEX
PAGE
APPLICATION FOR WRIT OF HABEAS CORPUS
STATE'S MOTION REQUESTING DESIGNATION OF ISSUES 2
STATE'S PROPOSED ORDER DESIGNATING ISSUES 3
LETTER TO APPLICANT 5
CERTIFICATE OF THE CLERK 6
PAGE I OF I REV: 01-02-04
.
.
ft -4<·/
PATRICIA,R. LYKOS
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
December 13, 2011
Chris Daniel, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte _Rolando Torres _ _
No. 872184-A in the 248th
District Court ofHarris County, Texas
Filing date: 11/17111
Date copy of writ delivered to District Attorney's Basket: 12/13/11
By: _Linda Bradley_ _ _ _ _ _ _ _ __
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for
writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
~-.
-~~-- ..... ~~-~~:~ ~·: ;~·.;~~tl.~;;,~h~;:;:-:. . ::: .. ·····'
Assistant District Attorney
Harris County, Texas
1201 Franklin Street, Suite 600, Houston, Texas 77002-1923
NO. 872184-A
§ IN THE 248th DISTRICT COURT
§ OF
ROLANDO TORRES,
Applicant § HARRIS COUNTY, TEXAS
THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES
The State of Texas, by and through its Assistant District Attorney for Harris County;
..
requests that this Court, pursuant to TEX. CODE CRIM. PROC. art. 11.07, §3(d), designate ;the
following issue which needs to be resolved:
1. Whether the applicant received the effective assistance of counsel on appeal.
Service has been accomplished by mailing a true and correct. copy of the foregoing
instrument to the following address:
Rolando Torres
#1065518- Allred Unit
2101 FM 369 N.
Iowa Park, Texas 76367
SIGNED December 18,2011.
R~s
ectful~y
ubmitted,
·" ~.a.
.
Kevin P. Keating
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-6657, (713) 755-5809.(fax)
Texas Bar I.D. #00787813
IN THE 248th DISTRICT COURT
§ OF
ROLANDO TORRES;
Applicant § HARRIS COUNTY, TEXAS
THE STATE'S PROPOSED ORDER DESIGNATING ISSUES
Having reviewed the applicant's application for writ of habeas corpus, the Court finds
that the following issue needs to be resolved in the instant proceeding:
1. Whether the applicant received the effective assistance of counsel·on appeal.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issues
and then enter findings of fact.
The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the
above-styled case to the Court of Criminal Appeals until further order by this Court.
t~-
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
December 22, 2011
PATRICIA LYKOS
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below concerning the Post Conviction Writ filed in
cause number 872184-A in the 248TH District Court. ·
D State's Original Answer Filed
D Affidavit Filed
I2$J Court Order Dated December 21, 2011.
D Respondent's Proposed Order Designating Issues & Order for filing affidavit
0· Respondent's Proposed Findings of Fact and Order Dated
I2$J Other
e~L.s oltV'-C!, Deputy
Criminal Post Trial
Enclosure(s) -MOTION/ORDER DESIGNATING ISSUES
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
PAGE I OF I REv: 01-02-04 ·
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
December 22, 2011
ROLANDO TORRES
#1065518-ALLRED UNIT
2101 FM 369 N.
IOWA PARK, TX 76367
To Whom It May Concern:
Pursuant to Article 11.07 ofthe Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below concerning the Post Conviction Writ filed in
cause number 872184-A in the 248 TH District Court.
D State's Original Answer Filed
D Affidavit Filed
C8J Court Order Dated December 21, 2011.
D Respondent's Proposed Order Designating Issues & Order for filing.affidavit
D Respondent's Proposed Findings of Fact and Order Dated
~ Other
MoltvU.t, Deputy
Criminal Post Trial
Enclosure(s) -MOTION/ORDER DESIGNATING ISSUES
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • {888) 545-5577
PAGE I OF I REv: 01-02-04
SUPPLEMENTAL
CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 248th DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the
foregoing {j pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 872184-A including the petition,
all answers filed by the State, the Order of the Court (entered on the 17TH day of
MARCH,A.D., 2015) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant ROLANDO TORRES is in the custody of the Texas
Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 1'11 day of
MARCH, 2015.
PAGE I OF I REV. 01-02-04
Torres, Rolando
Combined Opinion