COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: Ex Parte Jessica Nicole Mauck

Appellate case number: 01-14-00811-CR

Trial court case number: 1342193-A

Trial court: 174th District Court of Harris County

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

denying her application for a writ of habeas corpus. We abate the appeal and remand the cause to 

the trial court for further proceedings.

First, the Clerk of the Court has examined the clerk’s record and found that it does not 

comport with the Texas Rules of Appellate Procedure in that it does not include a copy of the 

trial court’s certification of appellant=s right of appeal. See TEX. R. APP. 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 constitutes notice to all parties of the defective certification. See TEX. R. APP. P. 37.1.

Accordingly, the trial court shall immediately 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) execute a certification of appellant’s right to appeal, indicating whether appellant 

has the right to appeal; and

2) make 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 representing the 

State or appellant. On appellant’s request, 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 TEX. R. APP. 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, 2014, held a hearing on appellant’s 

application and signed an order denying relief, no findings of fact or conclusions 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 

writ of habeas corpus. See Ex parte Villanueva, 252 S.W.3d 391, 396 (Tex. Crim. App. 2008) 

(quoting TEX. CODE CRIM. PROC. ANN. art. 11.072, § 7(a) (West Supp. 2014)) (“‘If the 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.”; 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 83, 91–92

(Tex. App.—Houston [1st Dist.] 2014, no pet.) (remanding case 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 court 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 from the date of this order. See 

TEX. R. APP. P. 34.5(c)(2).

The 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 when the supplemental clerk’s 

record is filed 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