Opinion
NUMBER 13-15-00136-CR
02-12-2016
EX PARTE ROSA MARIA CRUCES
On appeal from the 197th District Court of Cameron County, Texas.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Benavides
OrderPer Curiam
Appellant Rosa Maria Cruces appeals from a denial of her application for writ of habeas corpus. The habeas court's order of denial did not explain the reason for its denial or include findings of fact and conclusions of law. See TEX. CODE. CRIM. PROC. ANN. art. 11.072, § 7(a) (West, Westlaw through 2015 R.S.). On February 4, 2016, we abated the appeal and remanded to allow the habeas court to clarify its order and to enter, if appropriate, findings of fact and conclusions of law. See id. We ordered the habeas court to conduct a hearing if necessary. Further, we directed the court to file a supplemental reporter's record for any such hearing; to file a supplemental clerk's record with any clarifying order and any findings of fact and conclusions of law; and to file, as part of the supplemental reporter's record, the reporter's record of the initial evidentiary hearing that the habeas court held on February 24, 2015 concerning Cruces' application.
The State has filed an objection concerning our directive to file the reporter's record of the original evidentiary hearing. The State argues that Cruces waived her issue by failing to arrange for the filing of the reporter's record and that this Court is without authority to order the supplementation of the reporter's record. Because the State's prayer is that we vacate this portion of our order, we construe the State's objection as a motion to vacate.
The Court requests that the appellant, Rosa Maria Cruces, file a response to the State's motion to vacate within ten days of the date of this order. In the interim, our February 4, 2016 order of abatement remains in effect except for that portion directing the habeas court to file a reporter's record for the evidentiary hearing held February 24, 2015. We suspend that portion of the order, pending our decision on the State's motion to vacate.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 12th day of February, 2016.