Opinion
05-23-00523-CR 05-23-00524-CR05-23-00525-CR
10-16-2023
SHAHLA AFZAL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause Nos. 296-80248-03, 296-80249-03, 296-80250-03
ORDER
NANCY KENNEDY JUSTICE
Before us is the State's October 11, 2023 motion to abate these appeals so that the trial court can comply with the requirements of article 11.072, § 7(a). Article 11.072 requires the trial court to either enter an order denying an application pursuant to 11.072 as frivolous (if the court determines from the face of an application or documents attached to the application that the Applicant is not entitled to relief), or enter a written order including findings of fact and conclusions of law. Tex. Code Crim. Proc. art. 11.072, § 7(a). The trial court's orders in this case do not comply with the requirements of article 11.072, § 7(a). That is, the trial court neither denied the application as frivolous nor issued findings of fact and conclusions of law.
Accordingly, we GRANT the State's motion and ORDER the trial court to enter orders or findings of fact that comply with article 11.072, § 7(a).
We ORDER the trial court to transmit a record of the proceedings, which shall include orders or written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable John Roach, Jr., Presiding Judge, 296th Criminal District Court, and counsel for all parties.
This appeal is ABATED for the trial court to comply with this order. The appeal will be reinstated when the Court receives the trial court's orders or findings and recommendations or at such other time as the Court deems appropriate.