Ex Parte Brian Stanley Granados

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00288-CR
Ex parte Brian Stanley Granados
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
NO. CR 11-0311-A, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
On April 23, 2014, appellant Brian Stanley Granados filed a notice of appeal stating
that he was appealing “the Findings of Fact and Conclusions of Law and Order Denying Relief
rendered against [him].” On May 2, 2014, the State filed an agreed motion to abate the appeal
indicating that while “the trial court ‘recommends’ the State’s proposed Findings of Facts and
Conclusions of Law,” the trial court has not yet entered a written order granting or denying relief.
Article 11.072 of the Texas Code of Criminal Procedure “establishes the procedures
for an application for a writ of habeas corpus in a felony or misdemeanor case in which the applicant
seeks relief from an order or a judgment of conviction ordering community supervision.” Tex. Code
Crim. Proc. art. 11.072, § 1. Pursuant to the statute, “the trial court shall enter a written order
granting or denying the relief sought in the application.” Id. § 6(a). The statute provides for appeal
by the applicant “[i]f the application is denied in whole or part[.]” Id. § 8.
 Because the trial court has not denied appellant’s application by written order,
appellant’s notice of appeal is premature. See Tex. R. App. P. 27.1(b). Accordingly, we grant the
State’s motion to abate. We abate this appeal and remand the cause to the trial court for entry of a
signed written order on the application for writ of habeas corpus. See Tex. R. App. P. 44.4(b)
(requiring appellate court to direct trial court to correct remediable error that prevents proper
presentation of appeal); Tex. Code Crim. Proc. art. 11.072, § 6(a). The written order shall include
findings of fact and conclusions of law. See Tex. Code Crim. Proc. art. 11.072, § 7(a). Once
entered, the signed order shall be included in a supplemental clerk’s record and filed with this Court
no later than June 6, 2014.
It is so ordered on this the 12th day of May, 2014.
Before Justices Puryear, Goodwin, and Field
Abated and Remanded
Filed: May 12, 2014
Do Not Publish
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