Opinion
NO. WR-86,765-01
10-04-2017
EX PARTE STEVEN DELEON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2012-166A IN THE 421ST DISTRICT COURT FROM CALDWELL COUNTY
Per curiam. ORDER
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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of continuous sexual abuse of a child and sentenced to thirty-two years' imprisonment. The Third Court of Appeals affirmed his conviction. DeLeon v. State, No. 03-13-00202-CR (Tex. App.—Austin May 29, 2015)(not designated for publication).
Applicant contends, among other things, that his trial counsel rendered ineffective assistance. The trial court has made findings of facts and conclusions of law and recommends that relief be denied. In the findings, the trial court noted that it conducted a live habeas hearing on July 14, 2017. Evidence presented at the habeas hearing apparently included testimony from Applicant's trial counsel. However, the District Clerk has not forwarded to this Court either reporter's notes or a transcript of the habeas hearing in this case.
Therefore, the District Clerk of Caldwell County is ordered to prepare a transcript of the habeas hearing conducted on July 14, 2017, and to transmit it to this Court. This application will be held in abeyance until the habeas hearing transcript has been received by this Court. A supplemental transcript containing all affidavits and the transcription of the court reporter's notes from any hearing or deposition shall be forwarded to this Court within 30 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: October 4, 2017
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