Ex Parte Richard Mark Bowman ( 2015 )

Order issued April 17, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-01045-CR
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EX PARTE RICHARD MARK BOWMAN, Appellant
On Appeal from the County Criminal Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1921607
ORDER
Appellant, Richard Mark Bowman, challenged the trial court’s order
denying his application for a writ of habeas corpus. See TEX. CODE CRIM. PROC.
ANN. art. 11.072, § 8 (Vernon Supp. 2014). In his appeal to this Court, appellant
argued that the trial court had erred in denying him relief from a judgment of
conviction of the misdemeanor offense of driving while intoxicated because his
trial counsel had rendered him ineffective assistance. Ex parte Bowman, 444
S.W.3d 272, 274 (Tex. App.—Houston [1st Dist.]), rev’d, 447 S.W.3d 887 (Tex.
Crim. App. 2014). We held that the State had “waived the defense” of laches. Id.
at 278–79. Based on the trial court’s findings of fact, we further held that
appellant’s trial counsel had rendered him ineffective assistance, and we reversed
the trial court’s order and granted appellant habeas relief. Id. at 281–82. After the
State filed a petition for discretionary review, the Texas Court of Criminal Appeals
vacated this Court’s judgment, and remanded the case to this Court “to remand to
the trial court for a hearing on the laches issue.” Ex parte Bowman, 447 S.W.3d
887, 888–89 (Tex. Crim. App. 2014).
On January 27, 2015, we abated the case and remanded it to the trial court to
conduct an evidentiary hearing on the laches issue and enter supplemental findings
of fact and conclusions of law. On March 2, 2015, the trial held a hearing on the
laches issue. The court reporter has filed the reporter’s record of that hearing,
which includes the trial court’s findings stated on the record. Accordingly, we
reinstate this case on the Court’s active docket.
Appellant’s brief on the laches issue based on the trial court’s findings stated
on the record is ordered to be filed in this Court no later than 20 days from the date
of this order. See TEX. R. APP. P. 31.1. Appellee’s brief, if any, is ordered to be
filed no later than 20 days from the date of the filing of appellant’s brief. See id.
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It is so ORDERED.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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