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: Alan Nelson Crotts v. The State of Texas

Appellate case number: 01

- 1 8

- 00 666

- CR

Trial court case number: 1 3

- CCR

- 1 6 5781

Trial court: County Court at Law No. 3 of Fort Bend County

Appellant, A lan Nelson Crotts

, has filed a notice of appeal of the trial court ’s “effective denial” of a motion for evidentiary hearing on his application for a writ of habeas corpus

. See T EX

. R. A PP

. P. 25.2(b), 27.1(b). The reporter’s record filed in this appeal reflects that, on March 23, 2018, the trial court denied appellant’s application. However, the clerk’s record filed in this appeal does not include a signed, written order denying appellant’s requested habeas rel ief or written findings of fact and conclusions of

law

. And , the clerk’s record does not include a copy of the trial court’s certification of appellant’s right of appeal.

Accordingly, we abate the appeal and remand the case to the trial court for appellan t to obtain, from the trial court, a signed, written order court on his application for a writ of habeas corpus and , if appropriate, for the trial court to enter written findings of fact and conclusions of law, separate and apart from any docket sheet nota tions in this case, in conjunction with the denial of appellant’s application for a writ of habeas corpus.

See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 11.072, § 7(a) (“If the court determines from the

face of the application or documents attached to the applica tion that the applicant is manifestly entitled to no relief, the court shall enter a written order denying the application as frivolous . In any other case
, the trial court shall enter a written order including findings of fact and conclusions of law .” ).

We further direct the trial court to execute a certification of appellant’s right to appeal that complies with Texas Rule of Appellate Procedure 25.2(d) and indicates whether appellant has the right to appeal. See T EX

. R. A PP

. P . 25.2(a ) ( 2), (d), 37.1. This Court must dismiss the appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” T EX

. R. A PP

. P. 25.2(d) ; Ex parte Tarango , 116 S.W.3d 201, 203 (Tex. App.

— El Paso 2003, no pet.). However,t he Texas Rules of Appellate Procedure prohibit us from dismissing an appeal based on

the lack of a valid certification when we determine that an appellant has a right of appeal.

See T EX

. R. A PP

. P. 25.2(f), 34.5(c ) ( 2), 37.1, 44.4.

The trial c ourt clerk is directed to file a supplemental clerk’s record containing (1)

a certification of appellant’s right of appeal , (2) any order signed by the trial court

, (3)

any trial court’s findings of fact and conclusions of law in conjunction with the denial of appellant’s application for a writ of habeas corpu s, and ( 4 ) any other findings or 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 T EX

. R.

A PP

. 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 i s filed with the Clerk of this Court.

It is so ORDERED.

Judge’s signature:

__

/s/ Terry Jennings

____  Acting individually  Actin g for the Court

Date: November 15, 2018

______________________