C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER OF A BATEMENT

Appellate case name: Ex Parte Jessica Nicole Mauck

Appellate case number: 01

- 1 4

- 00 811

- CR

Trial court case number: 1 3 42193

- A

Trial court: 174th District Court of Harris County

Appellant, Jessica Nicole Mauck, has perfected her appeal from the trial court ’s order

den ying her applica tion for a writ of habeas corpus. We abate the appeal and remand the cause to the trial court for further proceedings.

First, t he Clerk of the Court has examined the clerk ’ s record and found that it do es not
comport with the Texas Rules of Appellate Procedure in that it do es not include a copy of the

trial court’s certification of appellant = s right of appeal. See T EX

. R. A PP

. P. 25.2(d), 34.5(a)(12)

, 37.1 ; see also Ex parte Tarango , 116 S.W.3d 201, 203 (Tex. App.

— El Paso 2003, no pet.)

. This

order con stitutes notice to all parties of the defective certification

. See T EX

. R. A PP

. P. 37.1

.

Accordingly

, t he trial court shall i mmediately conduct a hearing at which a representative of the Harris County District Attorney’s Office and appellant’s counsel, Carmen M. Roe

, shall be

present. Appellant shall also be present for the hearing in person or, if appellant is incarcerated, at the trial court’s discretion, appellant may participate in the hearing by closed

- circuit video teleconferencing. 1

We direct the trial court to:

1) e xecute a certif

ication of appellant’s right to appeal

, indicating whether appellant has the right to appeal ; and 2) m ake any other findings and recommendations the trial court deems appropriate.

1 Any such teleconference must use a closed

- circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communication of image and sound between the trial court, appellant, and any attorneys representin g the State or appellant. On appellant’s reques t, appellant and her counsel shall be able to communicate privately without being recorded or heard by the trial court or the attorney representing the State.See T EX

. R. A PP . P. 25.2(a)(2), (d), (f), 34.5(a)(12), (c)(2) , 37.1

. The trial court coordinator shall

set a hearing date and notify the parties. The trial court shall have a court reporter, or court recorder, record the hearing.

Second

, although the trial court, on September 4, 2 014 , held a hearing on appellant’s application and signed a n o rder denying relief, no findings of fact or conclusion s of law are

included in the order or with the clerk’s record filed in this Court , as article 11.072, § 7(a ) of the Texas Code of Criminal Procedure requires

. We, therefore, remand the cause for the trial court 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 application for a

wr it of habeas corpus. See Ex parte Villanueva , 252 S.W.3d 391, 396 (Tex. Crim. App. 2008) (quoting T EX

. C ODE C RIM

. P ROC

. A NN

. art. 11.072, § 7(a) (West Supp. 2014) ) (“‘If the court determines from the face of an application or documents attached to the appl ication that the applicant is manifestly entitled to no relief, the court shall enter a written order denying the application as frivolous

. ” ; otherwise trial court is required to enter findings of fact and conclusions of law along with written order ); Ex parte Zantos

- Cuebas

, 429 S.W3d 8 3, 9 1

– 92 (Tex. App.

— Houston [1st Dist.] 2014, no pet. ) (remanding c ase for entry of findings of fact and conclusions of law after holding that trial court erred in denying application as frivolous). We

direct the trial c ourt to make the appropriate findings and conclusions.

The trial court clerk is directed to file a supplemental clerk’s record containing (1) the certification of appellant’s right of appeal

, (2) the trial court’s findings of fact and conclusions of

law in conjunction with the denial of appellant’s application for a writ of habeas corpus, and (3 ) any other findings and recommendations the trial court deems appropriate. The supplemental

clerk’s record shall be filed with this Court no later than 30 days f rom the date of this order

. See

T EX

. R. A PP

. P. 34.5 (c) (2).

The appeal is abated, treated as a closed case, and removed from t his Court’s active

docket. The appeal will be reinstated on this Court’s active docket when the supplemental clerk’s

record i s f

iled with the Clerk of this Court.

It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

 Acting individually  Acting for the Court

Date: October 23, 2014