Opinion
Appellate case number: 01-18-00139-CR
03-06-2018
Ex parte Oscar Minjare Sanchez, Jr.
ORDER Trial court case number: 1412036-A Trial court: 176th District Court of Harris County
On January 25, 2018, appellant, Oscar Minjare Sanchez, Jr., filed a notice of appeal from the trial court's order, signed on January 11, 2018, denying his application for a writ of habeas corpus filed under Texas Code of Criminal Procedure article 11.072. This appeal was initially assigned to the Fourteenth Court of Appeals under 14-18-00091-CR. On February 27, 2018, the Fourteenth Court ordered that this appeal be transferred to this Court, pursuant to Local Rule 1.5, because it was related to a prior direct appeal decided by this Court under appellate cause number 01-16-00293-CR. The Clerk of this Court assigned this appeal to appellate cause number 01-18-00139-CR.
On February 21, 2018, appellant had filed a motion to supplement the record in this case in the Fourteenth Court with the clerk's and reporter's records from the underlying trial court cause number 1412036, which was appealed to and filed under appellate cause number 01-16-00293-CR. The Fourteenth Court did not rule on the motion before it was transferred to this Court. A court of appeals has the power to take judicial notice of its own files in the same or related proceedings. See Ex parte Flores, 537 S.W.2d 458, 460 & n.3 (Tex. Crim. App. 1976) (reviewing record from original appeal in habeas proceeding); see also Turner v. State, 733 S.W.2d 218, 223 (Tex. Crim. App. 1987). Accordingly, appellant's motion is granted and the Clerk of this Court is ordered to transfer the clerk's and reporter's records from 01-16-00293-CR to this case.
In addition, the trial court denied appellant's habeas application via a written order signed on January 11, 2018, without a hearing. However, that order neither denied the habeas application as frivolous nor were findings of fact or conclusion of law included with the clerk's record filed in this habeas appeal on February 7, 2018, as required by Texas Code of Criminal Procedure Article 11.072, section 7(a). See TEX. CODE CRIM. PROC. ANN. art. 11.072, § 7(a) (West 2015) (requiring order either to find habeas application frivolous or to include findings of fact and conclusions of law). Appellant did not request that findings or conclusions be entered.
The Court sua sponte abates the appeal and remands for the trial court to enter an order either (1) finding that the habeas application was frivolous or (2) to enter written findings of fact and conclusions of law, separate and apart from any docket sheet notations in this case, in conjunction with the trial court's denial of appellant's habeas application. See Ex parte Villanueva, 252 S.W.3d 391, 396 (Tex. Crim. App. 2008) (reversing and remanding habeas denial because "[i]f the [trial] court determines from the face of an application or documents attached to the application that the applicant is manifestly entitled to no relief, the court shall enter a written order denying the application as frivolous," but "[t]he trial judge is required to enter findings of fact and conclusion of law along with a written order in all other cases") (citing, inter alia, TEX. CODE CRIM. PROC. ANN. art. 11.072, § 7(a)); see also Ex parte Zantos-Cuebas, 429 S.W.3d 83, 91-92 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (reversing and remanding habeas denial for trial court to enter findings of fact and conclusions of law after holding that trial court had erred in denying application as frivolous); TEX. R. APP. P. 44.4(b).
The district court shall make the appropriate order or findings and conclusions and shall cause them to be filed with the district clerk within 30 days of the date of this order. The Court further orders the district clerk to file a supplemental clerk's record containing the district court's order or findings and conclusions with this Court within 30 days of the date of this order.
This appeal is 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 without further order of the Court when the supplemental clerk's record is filed in this Court.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: March 6, 2018