Bautista, Jose Luis ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,030-01
EX PARTE JOSE LUIS BAUTISTA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1341277-A IN THE 180TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of
attempted tampering with governmental record and sentenced to imprisonment for 90 days in county
jail.
On August 28, 2019, the trial court adopted the Applicant’s Findings of Fact, Conclusions
of Law and Order. The habeas record has been properly forwarded to this Court by the district clerk
pursuant to TEX . R. APP . P. 73.4(b)(5). However, the record does not support the recommendation
to grant relief. We remand this application to the 180th District Court of Harris County to allow the
trial judge to make credibility findings regarding trial counsel’s affidavit, to determine Applicant’s
immigration status at the time of the offense, and to make findings on whether Applicant is being
deported as a result of this conviction and, if not, if he is suffering from any other collateral
consequences.
This application will be held in abeyance until the trial court has resolved the findings issue.
The issue shall be resolved within 60 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 90 days of the date of this order. Any extensions of time must be
requested by the trial court and shall be obtained from this Court.
Filed: March 11, 2020
Do not publish