Opinion
05-23-00523-CR 05-23-00524-CR05-23-00525-CR
11-14-2023
SHAHLA AFZAL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause Nos. 296-80248-03, 296-80249-03, 296-80250-03
ORDER
NANCY KENNEDY JUSTICE
We REINSTATE this appeal.
Before the Court is appellant and the State's Joint Motion to Extend and Modify Abatement Order.
Appellant appeals the denial of his application for writ of habeas corpus under article 11.072 of the Texas Code of Criminal Procedure. On October 16, 2023, we abated these appeals and we ordered the trial court to sign either a written order denying the application as frivolous or a written order denying the application and including findings of fact and conclusions of law. See TEX. CODE CRIM. PROC. ANN. art. 11.072, § 7(a). We ordered the trial court to transmit its findings to this Court by November 15, 2023.
On November 13, 2023, appellant and the State filed the joint motion. In the motion, the parties state that appellant will file applications for pardon in these cases with the Board of Pardons and Paroles and that the State "will provide a recommendation to the Board of Pardons and Paroles that the pardons be granted." The parties request that we vacate the due date for the trial court to file an order and findings. The parties state in the motion, "If the pardon applications are granted, the appeal will be withdrawn and if the pardon applications are denied, the appeal will be pursued, and the trial court will enter the required order and findings of fact."
We GRANT the motion. We VACATE this Court's order of October 16, 2023, and the trial court need not sign the order or make the findings required by this Court's order of October 16, 2023.
We ORDER appellant to file written notice with this Court when the applications for pardon are filed with the Board of Pardons and Paroles. We further ORDER appellant to file written notice with this Court on the first day of each month beginning January 2, 2024, informing the Court of the status of the applications. If the applications for pardon have not been filed by the date of the written notice, the written notice shall include the date appellant expects to file the applications. Appellant shall also file with this Court copies of any orders or other rulings by the Board of Pardons and Paroles or the Governor granting or denying the pardon applications within ten days of the ruling. If the written notices to this Court are not timely filed, the Court may reinstate the appeals and order the trial court to sign the order required by this Court's order of October 16, 2023.
We DIRECT the Clerk to send copies of this order to the Honorable John Roach Jr., Presiding Judge, 296th Judicial District Court; and counsel for all parties.
We ABATE these appeals. The appeals shall be reinstated when the Board of Pardons and Paroles has denied the applications, when the Governor has granted or denied pardons, or at such other time as the Court deems appropriate.