Opinion
No. 05-17-01460-CR
01-22-2018
EX PARTE MICHAEL D. WILLIAMS
On Appeal from the County Criminal Court of Appeals No. 2 Dallas County, Texas
Trial Court Cause No. MC16-A1501-D
ORDER
On November 20, 2017, the trial court entered its order denying relief on appellant's post-conviction application for writ of habeas corpus challenging a 1992 conviction for misdemeanor driving while intoxicated. The code of criminal procedure provides that in preparing an order ruling on a post-conviction writ application challenging a misdemeanor conviction:
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. ANN. art. 11.072, § 7(a) (West 2015).
The trial court's order denies relief but neither indicates the application is frivolous nor includes findings of fact and conclusions of law. Because the trial court's order in this case is unclear, we are unable to determine whether or not the trial court should have made findings of fact and conclusions of law.
Accordingly, we ORDER the trial court to, within TWENTY-ONE DAYS of the date of this order, file a supplemental clerk's record that contains either (1) an amended order clarifying that the trial court has denied relief because it considers the writ application to be frivolous; or (2) findings of fact and conclusions of law in support of the trial court's November 20, 2017 order. See Ex parte Baldez, 510 S.W.3d 477, 479 (Tex. App.—San Antonio 2014, no pet.) (abating appeal for clarification of order consistent with article 11.072, §7(a)).
The Court DENIES appellant's January 17, 2018 motion styled "Show of Cause Why He Cannot Obtain the Appellate Record; the Need for the Appellate Record; Request for Appellate Court to Order Appellate Record or Cost Thereof; and Request for Extension of Time to File Brief." After the appeal is reinstated, the Court will notify appellant of the cost and procedure to purchase a copy of the clerk's record and supplemental clerk's record. The Court will also notify the parties of the new due dates for their briefs.
This appeal is ABATED to allow the trial court to file its amended order or findings of fact and conclusions of law. It shall be reinstated TWENTY-ONE DAYS from the date of this order or when the supplemental clerk's record is received, whichever is earlier.
/s/ LANA MYERS
JUSTICE