On June 23, 2021 a
Request,Application
was filed
involving a dispute between
The State Of Texas,
and
for Habeas Corpus
in the District Court of Hidalgo County.
Preview
Electronically Filed
6/23/2021 10:48 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2405-21-E
CAUSE NO. ______________
STATE OF TEXAS § IN THE
§
vs. § ______ DISTRICT OF
§
LEONARDO DELFINO MONTEMAYOR § HIDALGO COUNTY, TEXAS
DOB: 08/07/1985 §
SO# 870787 §
APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL
REDUCTION AND RELEASE FOR LACK OF PROBABLE CAUSE
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes, Attorney for Defendant, LEONARDO DELFINO MONTEMAYOR, and makes
this Application for Writ of Habeas Corpus Seeking Bail Reduction and Release for Lack of
Probable Cause, and for good cause shows the following:
1. LEONARDO DELFINO MONTEMAYOR is illegally confined and restrained of liberty by
the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in
lieu of a bond in the amount of $400,000.00 cash or surety is charged with 8 COUNTS
OF INDECENCY WITH CHILD SEXUAL CONTACT.
2. LEONARDO DELFINO MONTEMAYOR confinement and restraint is illegal because bond
is excessive, oppressive and beyond the financial means of LEONARDO DELFINO MONTEMAYOR,
in violation of the Eighth and Fourteenth Amendments to the United States Constitution, Article
I, §§ 11, 13 and 19 of the Texas Constitution, and Articles 1.09 and 17.15 of the Texas Code of
Criminal Procedure.
3. LEONARDO DELFINO MONTEMAYOR detention is illegal because confinement
Electronically Filed
6/23/2021 10:48 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2405-21-E
and restraint without probable cause is a violation of the Fourth and Fourteenth Amendments to
the United States Constitution, and Article I, § 9 of the Texas Constitution.
4. LEONARDO DELFINO MONTEMAYOR respectfully requests this Court to conduct
an evidentiary hearing and, after receiving evidence, to release LEONARDO DELFINO
MONTEMAYOR from unlawful incarceration, based on the absence of probable cause.
WHEREFORE, PREMISES CONSIDERED, SERGIO J. SANCHEZ prays that the Court grant and
issue a Writ of Habeas Corpus to the Sheriff of Hidalgo County of, directing and commanding
production of LEONARDO DELFINO MONTEMAYOR before this court instanter, or at such time
and place to be designated by this Court, then and there to show cause, if any there be, why
LEONARDO DELFINO MONTEMAYOR should not be discharged from such illegal confinement; or
that LEONARDO DELFINO MONTEMAYOR be allowed bail in a reasonable amount. SERGIO J.
SANCHEZ further prays that immediate bail be allowed in a reasonable amount, conditioned that
LEONARDO DELFINO MONTEMAYOR appear at the hearing to await further orders of the Court.
Respectfully submitted,
SANCHEZ LAW FIRM
4842 S. Jackson Rd.
Edinburg, Texas 78539
Telephone No.: (956) 687-7700
Fax No.: (956) 687-7708
By: /s/ Sergio J. Sanchez
SERGIO J. SANCHEZ
State Bar No. 24006617
Electronically Filed
6/23/2021 10:48 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2405-21-E
CERTIFICATE OF SERVICE
This is to certify that on JUNE 23, 2021, a true and correct copy of the above and foregoing
document was served on the Hidalgo County District Attorney by electronic e-filling.
By: /s/ Sergio J. Sanchez
SERGIO J. SANCHEZ
State Bar No. 24006617
Document Filed Date
June 23, 2021
Case Filing Date
June 23, 2021
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Electronically Filed 6/23/2021 10:48 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2405-21-E CAUSE NO. ______________ STATE OF TEXAS § IN THE § vs. § ______ DISTRICT OF § LEONARDO DELFINO MONTEMAYOR § HIDALGO COUNTY, TEXAS DOB: 08/07/1985 § SO# 870787 § APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL REDUCTION AND RELEASE FOR LACK OF PROBABLE CAUSE TO THE HONORABLE JUDGE OF SAID COURT: Now comes, Attorney for Defendant, LEONARDO DELFINO MONTEMAYOR, and makes this Application for Writ of Habeas Corpus Seeking Bail Reduction and Release for Lack of Probable Cause, and for good cause shows the following: 1. LEONARDO DELFINO MONTEMAYOR is illegally confined and restrained of liberty by the Sheriff of Hidalgo County, Texas in the Hidalgo County Jail in Edinburg, Texas in lieu of a bond in the amount of $400,000.00 cash or surety is charged with 8 COUNTS OF INDECENCY WITH CHILD SEXUAL CONTACT. 2. LEONARDO DELFINO MONTEMAYOR confinement and restraint is illegal because bond is excessive, oppressive and beyond the financial means of LEONARDO DELFINO MONTEMAYOR, in violation of the Eighth and Fourteenth Amendments to the United States Constitution, Article I, §§ 11, 13 and 19 of the Texas Constitution, and Articles 1.09 and 17.15 of the Texas Code of Criminal Procedure. 3. LEONARDO DELFINO MONTEMAYOR detention is illegal because confinement Electronically Filed 6/23/2021 10:48 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2405-21-E and restraint without probable cause is a violation of the Fourth and Fourteenth Amendments to the United States Constitution, and Article I, § 9 of the Texas Constitution. 4. LEONARDO DELFINO MONTEMAYOR respectfully requests this Court to conduct an evidentiary hearing and, after receiving evidence, to release LEONARDO DELFINO MONTEMAYOR from unlawful incarceration, based on the absence of probable cause. WHEREFORE, PREMISES CONSIDERED, SERGIO J. SANCHEZ prays that the Court grant and issue a Writ of Habeas Corpus to the Sheriff of Hidalgo County of, directing and commanding production of LEONARDO DELFINO MONTEMAYOR before this court instanter, or at such time and place to be designated by this Court, then and there to show cause, if any there be, why LEONARDO DELFINO MONTEMAYOR should not be discharged from such illegal confinement; or that LEONARDO DELFINO MONTEMAYOR be allowed bail in a reasonable amount. SERGIO J. SANCHEZ further prays that immediate bail be allowed in a reasonable amount, conditioned that LEONARDO DELFINO MONTEMAYOR appear at the hearing to await further orders of the Court. Respectfully submitted, SANCHEZ LAW FIRM 4842 S. Jackson Rd. Edinburg, Texas 78539 Telephone No.: (956) 687-7700 Fax No.: (956) 687-7708 By: /s/ Sergio J. Sanchez SERGIO J. SANCHEZ State Bar No. 24006617 Electronically Filed 6/23/2021 10:48 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2405-21-E CERTIFICATE OF SERVICE This is to certify that on JUNE 23, 2021, a true and correct copy of the above and foregoing document was served on the Hidalgo County District Attorney by electronic e-filling. By: /s/ Sergio J. Sanchez SERGIO J. SANCHEZ State Bar No. 24006617