# ^5-,&fr4r03

WRIT NO. WR-75,864-03 TRIAL COURT CAUSE NO. 1053411-A 

### EX PARTE § INTHE262nd DISTRICTCOURT 

# § of RECEDEDIf BARTHOLOMEWGUZMAN, Wm^^Z&LP&m Applicant § HARRIS COUNTY, TEXAS APR 09 2015 

### Ab@fteta,QBfk TRIAL COURT'S FIRSTMOTION REQUESTING AN EXTENSION

TO SUPPLEMENT HABEAS RECORD ON SECOND REMAND 

### The262nd DistrictCourtofHarris County, Texas, movestheHonorable Court ofCriminal Appeals to grant a firstextension of time to complywith its second remand order (dated September 17, 2014) to conduct factual 

### investigation for the instant application for writ of habeas corpus in the above-captioned cause and will showthe following insupportthereof:
I. On August 17, 2009, the applicant filed a pro se application for writ of habeas corpus in cause number 1053411-A. The State was served with the application on August 19, 2009. On September 3, 2009, the State filed a motion requesting designation of issues in cause number 1053411-A. On 

### September4, 2009, this Court entered an orderdesignating issues needing
to be.resolved in cause number 1053411-A. 

### :.On May 15, 2013, the Court of Criminal Appeals issued an unpublished order requiring this Court to forward the habeas record or toresolve the issues identified inthe orderdesignating issues then forward the habeas record to the Court of Criminal Appeals within thirty (30) days. In re 

### Guzman, No. WR-75,864-02 (Tex. Crim. App. May 15, 2013). On May 24, 2013, the State filed an answer in cause number 1053411-A. On June 3, 2013, this Court entered findings offact and ordered that the habeas record beforwarded to the Court of Criminal Appeals incause number 1053411-A. 

### On September 11, 2013, the Court of Criminal Appeals issued an unpublished order remanding the instant cause to this Court in writ number 

### WR-75,864-03 and ordering that this Court resolve factual issues by, among many options, obtaining affidavits or conducting an evidentiary hearing to address the applicant's factual claims of ineffective assistance of counsel in 

### trial. Ex parte Guzman, No. WR-75,864-03 (Tex. Crim. App. September 11, 2013). The Court of Criminal Appeals' remand order required the supplementation ofthe habeas record by January 9, 2014. Pursuantto this Court's first request, the Court of Criminal Appeals granted an extension of time to supplement the habeas record until May 9, 2014. Pursuant to this Court's second request, the Court of Criminal Appeals granted another extension oftime to supplement the habeas record until June 23, 2014. On May 15, 2014, this Court entered findings of fact and ordered that thesupplemental habeas transcript be forwarded to the Court of Criminal Appeals. 

### On September 17, 2014, the Court of Criminal Appeals issued an unpublished order remanding the instant cause to this Court in writ number 

### WR-75,864-03 and ordering that this Court resolve factual issues by, among many options, obtaining affidavits or conducting an evidentiary hearing to address additional issues related to the applicant's claims of ineffective 

### assistance ofcounsel in trial. Ex parte Guzman, No. WR-75,864-03 (Tex. Crim. App. September 17, 2014). The Court of Criminal Appeals' remand 

### order required the supplementation of the habeas record by January 15, 2015. On November 21, 2014, this Court appointed attorney Jerome 

### Godinich to representthe applicantin the instant habeas proceeding. The applicant's appointed habeas attorney has requested an evidentiary hearing after completing his investigation. Pursuant to habeas counsel's request, this Court has scheduled an evidentiary hearing for May 

### 7, 2015. Afterthe evidentiary hearing, this Courtwill enterfindings of fact as ordered bythe Court ofCriminal Appeals.II. THEREFORE, this Court respectfully requests an extension oftime of 

### until June 1, 2015, to conduct the scheduled evidentiary hearing, enter 

### findings of fact, and supplement the habeas transcript with the findings of 

### fact, affidavits, hearing records, and other documentation necessary to resolve factual issues and to forward such habeas transcript to the Court of Criminal Appeals in writ numberWR-75,864-03.
III. 

### WHEREFORE, PREMISES CONSIDERED, this Court respectfully requests that the Court ofCriminal Appeals allow until JUNE 1, 2015, tofully complywith its orderin writ numberWR-75,864-03.



### SIGNEDthis day of gffl a<t im
.2015.



## GE, 262NUDISTRICTCOURTV%> cy/ S COUNTY, TEXAS
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