Bautista, Jose Luis ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,030-01
EX PARTE JOSE LUIS BAUTISTA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1341277-A IN THE 180TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of
attempted tampering with governmental record and sentenced to imprisonment for 90 days in county
jail.
On 5-14-2019, the trial court adopted the Applicant’s Findings of Fact, Conclusions of Law
and Order. On 5-15-2019, the trial court adopted the State’s Proposed Findings of Fact, Conclusions
of Law and Order. The habeas record has been properly forwarded to this Court by the district clerk
pursuant to TEX . R. APP . P. 73.4(b)(5). However, the record has been forwarded with the trial court
having adopted two conflicting Findings of Fact, Conclusions of Law and Order. We remand this
application to the 180th District Court of Harris County to allow the trial judge to resolve the
discrepancy and enter a final findings of fact and conclusions of law.
This application will be held in abeyance until the trial court has resolved the findings issue.
The issue shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: July 24, 2019
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