Opinion
No. 04-20-00303-CR
08-10-2020
EX PARTE JIMMY COUNG DUC TRAN
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR12300A
Honorable Jefferson Moore, Judge Presiding
ORDER
Appellant filed a motion to abate this appeal for an evidentiary hearing on his application for writ of habeas corpus. See Ex parte Williams, 630 S.W.2d 803, 804 (Tex. App.--San Antonio 1982, pet. ref'd) (holding denial of habeas corpus relief without a hearing is "arbitrary and unreasonable"). We ordered the State to file a response to the motion to abate. In response to our order, the State filed a response stating it agrees this appeal should be abated for an evidentiary hearing.
Accordingly, appellant's motion to abate is GRANTED, and this appeal is ABATED to the trial court. The trial court is ORDERED to conduct an evidentiary hearing on appellant's application for writ of habeas corpus. The trial court is FURTHER ORDERED to cause the trial court clerk to file a clerk's record documenting the hearing and to cause the court reporter to file a reporter's record of the hearing within thirty (30) days of the date of this order. After the clerk's record and reporter's record are filed, the appeal will be reinstated on the docket of this court. All filing deadlines are suspended until this reinstatement.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of August, 2020.
/s/_________
MICHAEL A. CRUZ,
Clerk of Court