Order entered February 13, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00027-CR
EX PARTE ANGEL GUADALUPE TORRES
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. WX19-90191-J
ORDER
Before Justices Myers, Schenck, and Carlyle
By opinion dated January 24, 2020, we dismissed this appeal from an article 11.072 writ
application because appellant did not file a notice of appeal and no notice of appeal appeared in
the records of the Dallas County District Clerk. On January 27, 2020, appellant filed a motion
for rehearing to which he attached a notice of appeal bearing a file stamp from the Dallas County
District Clerk dated October 11, 2019. In his motion for rehearing, appellant states: “The
hearing on the Writ occurred on or about September 20, 2019. The Court failed to issue a
written decision or findings of fact.”
A court of appeals has no jurisdiction over an 11.072 habeas appeal until the trial court
signs a written order and the habeas applicant files a timely notice of appeal. See TEX. CODE
CRIM. PROC. ANN. art. 11.072 §§ 6–8; TEX. R. APP. P. 25.2(a)(2), (b), 26.2(a), 31; Ex parte
Villanueva, 252 S.W.3d 391, 395–96 & n. 42–45 (Tex. Crim. App. 2008). If the Court lacks
jurisdiction, we have no choice but to dismiss the appeal without taking further action. See
Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
It appears at least one of the preconditions to this Court’s jurisdiction has been met and is
not reflected in the district clerk’s records. To establish the status of the Court’s jurisdiction, we
ORDER the trial court to conduct a hearing and make findings of fact about the status of this
habeas case. The trial court is directed to conduct such inquiries and to enter such orders as are
necessary to establish whether there is a final appealable order in this case, whether findings of
fact have been filed, and whether appellant has filed a notice of appeal. If the trial court
determines a notice of appeal has been filed, the trial court shall take such steps as are necessary
to see that the filing of the notice of appeal is reflected properly in the district clerk’s records.
The trial court is ORDERED to file a clerk’s record within THIRTY DAYS of the date
of this order containing (1) its findings regarding the status of a final order, findings of fact, and
the notice of appeal; (2) a final written order adjudicating appellant’s writ application, if one has
been signed; (3) any written findings of fact pertaining to the habeas writ that have been filed by
the trial court; and (4) the notice of appeal, if the trial court determines that one has been filed.
The Court will DEFER ruling on appellant’s motion for rehearing until it receives the
trial court’s findings on the status of the case.
We ABATE the appeal to allow the trial court to comply with the above order. The
appeal shall be reinstated when the findings are received or at such other time as the Court deems
appropriate.
/s/ LANA MYERS
JUSTICE