Order filed March 10, 2011
In The
Eleventh Court of Appeals
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No. 11-11-00029-CR
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RICARDO SALAZAR, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 358th District Court
Ector County, Texas
Trial Court Cause No. D-36,824
O R D E R
Pursuant to a plea agreement, Ricardo Salazar pleaded guilty in April 2010 to the offense of theft in the amount of $1,500 or more but less than $20,000. The trial court deferred a finding of guilt and placed appellant on deferred adjudication community supervision for a term of two years. The trial court additionally imposed a fine of $500.
In October 2010, appellant filed a petition for writ of habeas corpus pursuant to Tex. Code Crim. Proc. Ann. art. 11.072 (Vernon 2005) based on an allegation of ineffective assistance of counsel at the time that he entered his plea. The trial court considered the petition for writ of habeas corpus at a hearing conducted on December 13, 2010. The trial court signed an order denying writ of habeas corpus on January 5, 2011. The trial court’s order does not include findings of fact or conclusions of law. Appellant appeals the denial of habeas relief pursuant to Article 11.072, section 8. We abate the appeal.
Appellant has filed a motion to abate this appeal for the entry of findings of fact and conclusions of law by the trial court. Article 11.072, section 7(a) states that, if the trial court finds the writ applicant is “manifestly entitled to no relief” from the face of the application, it shall enter a written order denying the writ application as frivolous. In “any other case,” the court shall enter a written order including findings of fact and conclusions of law. If the trial court does not file required findings of fact and conclusions of law, an appellate court may abate the appeal to allow the trial court to comply with the statute. See Ex parte Enriquez, 227 S.W.3d 779, 784 (Tex. App.—El Paso 2005, pet. ref’d).
We agree with appellant’s contention that the trial court was required to enter findings of fact and conclusions of law under Article 11.072, section 7(a) because the trial court did not find that appellant was manifestly entitled to no relief from the face of his application. In this regard, the trial court did not deny the requested relief until after conducting a hearing on appellant’s allegations. Accordingly, the trial court was required to enter a written order that included findings of fact and conclusions of law.
Appellant’s motion to abate the appeal is granted. This appeal is abated and remanded to the trial court for the entry of written findings of fact and conclusions of law pursuant to this order. Within thirty days after the date of this order, the trial court is directed to (1) enter written findings of fact and conclusions of law and (2) deliver the written findings of fact and conclusions of law to the trial court clerk. The trial court clerk shall (1) prepare a supplemental clerk’s record containing the written findings of fact and conclusions of law made by the trial court and (2) file the supplemental clerk’s record with the clerk of this court within thirty days after the date of this order. This appeal will be reinstated upon the filing of the supplemental clerk’s record containing the trial court’s written findings of fact and conclusions of law.
PER CURIAM
March 10, 2011
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.