Ex parte Judy Morales v. << (2018)

ORDER AND MEMORANDUM OPINION

Appellant Judy Morales seeks to appeal the trial court's denial of her application for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.072, § 8. The clerk's record contains an order signed by the trial court denying habeas relief. The order appears to be the proposed order submitted by appellant with her habeas application. The order reflects the denial of appellant's application with a checkmark by the ruling “DENIED.” Next to the word “DENIED” appears a hand written notation that says “11.072 Sec 7(a).”

Section 7(a) of article 11.072 of the Texas Code of Criminal Procedure provides:

If the court determines from the face of an application or documents attached to the application that the applicant is manifestly entitled to no relief, the court shall enter a written order denying the application as frivolous. In any other case, the court shall enter a written order including findings of fact and conclusions of law. The court may require the prevailing party to submit a proposed order.

Tex. Code Crim. Proc. art. 11.072, § 7(a). The order entered by the trial court here does not explicitly “deny[ ] the application as frivolous” nor does it “includ[e] finding of fact and conclusions of law” as would be required “[i]n any other case.”

To enable us to ascertain the ground for denial and apply the corresponding standard of appellate review, we abate this appeal and remand the case to the trial court for entry of an order that specifies its grounds for denial and, if not frivolousness, the findings of fact and conclusions of law that section 7(a) of article 11.072 would require. A supplemental clerk's record containing the trial court's order shall be filed with this Court no later than May 18, 2018. See Tex. R. App. P. 44.(b).

It is so ordered on this the 19th day of April, 2018.

Abated and Remanded

PER CURIAM