Opinion
Appellate case number: 01-17-00383-CR
08-22-2017
Ex parte Jaime Alexander Blanco
ORDER OF CONTINUING ABATEMENT Trial court case number: 96-DCR-027953 Trial court: 240th District Court of Fort Bend County
This Court's July 25, 2017 Order of Abatement had abated and remanded this case for the district court to enter findings of fact and conclusions of law, in conjunction with its order on writ of habeas corpus and motion to set aside plea agreement, signed on May 25, 2017. In addition, that Order had also ordered the district court to execute a certification of appellant's right to appeal that habeas order.
On August 15, 2017, a second supplemental clerk's record was filed in this Court containing, among other documents, the trial court's order and findings of fact and conclusions of law, signed on August 14, 2017. However, no trial court's certification of appellant's right of appeal was included with the supplemental clerk's record.
Accordingly, the Court sua sponte continues to ABATE the appeal and REMANDS for the district court to execute a certification of appellant's right to appeal the order denying the habeas application, signed on May 25, 2017, including the findings and conclusions signed on August 14, 2017. See TEX. R. APP. P. 25.2(a)(2).
The district court shall enter a certification of appellant's right of appeal and shall cause it to be filed with the district clerk within 10 days of the date of this order. We further order the clerk to file a supplemental clerk's record containing the trial court's certification with this Court within 15 days of the date of this order.
This appeal remains abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the supplemental clerk's record is filed with the Clerk of this Court.
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually
Date: August 22, 2017