TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00289-CR
NO. 03-15-00290-CR
Rafael Hernandez-Prado, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT
NO. 9767 & 9767A, HONORABLE J. ALLAN GARRETT, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
In 2003, appellant Rafael Hernandez-Prado pled guilty to burglary and was placed
on ten years’ deferred adjudication. In 2013, the State filed a motion to adjudicate appellant’s guilt,
alleging several violations of the terms of his probation. Appellant filed an application for writ of
habeas corpus, and the trial court signed an order denying the application. However, the trial court
neither entered an order denying the application as frivolous on the basis of a finding that “from the
face of the application,” appellant was “manifestly entitled to no relief,” nor filed written findings
of fact and conclusions of law. See Tex. Code Crim. Proc. art. 11.072, § 7(a). The appeal is therefore
abated. The trial court shall enter an order or findings and conclusions in accordance with article
11.072, section 7(a). See id. A supplemental record containing the trial court’s orders or findings
and conclusions shall be forwarded to the Clerk of this Court no later than October 28, 2015.
It is ordered October 7, 2015
Before Justices Puryear, Goodwin, and Bourland
Abated and Remanded
Filed: October 7, 2015
Do Not Publish
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