From Casetext: Smarter Legal Research

Bordelon v. State

Fourth Court of Appeals San Antonio, Texas
Jun 14, 2017
No. 04-17-00093-CR (Tex. App. Jun. 14, 2017)

Opinion

No. 04-17-00093-CR

06-14-2017

Bobby BORDELON, Appellant v. The STATE of Texas, Appellee


From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 16-2517-CV
Honorable William Old, Judge Presiding

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena Chapa, Justice Irene Rios, Justice

This is an appeal from the denial of appellant's pre-trial application for writ of habeas corpus and motion to dismiss the indictment. After the trial court signed the appealed order, appellant requested findings of fact and conclusions of law and thereafter filed a notice of past due findings of fact and conclusions of law.

Appellant has filed a motion to abate this appeal, arguing that under the Texas Rules of Civil Procedure, the trial court must enter findings of fact and conclusions of law. Appellant also notes the trial court clerk designated the case as a civil case. However, "[a] pre-trial application for writ of habeas corpus is governed by the Code of Criminal Procedure and is subject to the rules for a criminal case." Ex parte Robinson, 641 S.W.2d 552, 553 (Tex. Crim. App. 1982). Appellant's motion to abate is denied.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Bordelon v. State

Fourth Court of Appeals San Antonio, Texas
Jun 14, 2017
No. 04-17-00093-CR (Tex. App. Jun. 14, 2017)
Case details for

Bordelon v. State

Case Details

Full title:Bobby BORDELON, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 14, 2017

Citations

No. 04-17-00093-CR (Tex. App. Jun. 14, 2017)