Opinion
01-22-00583-CR
01-18-2024
Ex parte Shawn Paul Robinson
351st District Court of Harris County Trial court case number: 1751891
ORDER OF REINSTATEMENT
Amparo Monique Guerra, Judge
Appellant, through counsel, filed a notice of appeal from the trial court's order denying his application for writ of habeas corpus. On November 15, 2022, the State filed a "Motion to Dismiss for Want of Jurisdiction." In its motion, the State argued that this Court lacks jurisdiction to review the trial court's denial of Appellant's application for writ of habeas corpus, because (1) the trial court "did not rule on the merits of the writ application[,]" and (2) "[e]ven if the trial court's December 22, 2021 order denying relief is sufficient . . . this Court lacks jurisdiction because the appellant's notice of appeal is untimely."
In response to the State's motion to dismiss, Appellant, through counsel, filed a "Motion to Abate" the appeal. In his motion, Appellant requested that "the trial court [provide] clarification" of its order on Appellant's habeas application.
In response to our abatement, the trial court held a hearing and a supplemental reporter's record was filed with the Clerk of this Court. The record reflects that during that hearing, the trial court stated that the January 26, 2022 "order and judgment was intended to be [the] final judgment, denying relief on the merits with regards to [Appellant's application for] writ" of habeas corpus.
The State subsequently filed a motion to reinstate the appeal. We grant the State's motion and reinstate the appeal to the Court's active docket.
It is so ORDERED.