Opinion
No. 04-17-00093-CR
06-14-2017
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