Opinion
NO. 09-17-00082-CR
05-18-2017
EX PARTE ADNAN ASGAR SHROFF
On Appeal from the 221st District Court Montgomery County, Texas
Trial Cause No. 15-04-04199-CR
ORDER
Adnan Asgar Shroff has appealed the denial of his application for a writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.072 (West 2015). The State filed a motion to abate the appeal and remand the case to the trial court to clarify whether the application was denied as frivolous, or alternatively, for entry of findings of fact and conclusions of law. See id. § 7(a). In response, Shroff argues the trial court's order denying habeas relief should be reversed for noncompliance with section 7(a).
A court of appeals must not reverse a judgment for a remediable error. See Tex. R. App. P. 44.4. Accordingly, we grant the State's motion to abate and remand the case to the trial court either to clarify whether the application was denied as frivolous, or alternatively, to make written findings of fact and conclusions of law. A supplemental clerk's record containing any orders or findings made by the trial court shall be filed with the Court of Appeals by June 16, 2017.
The appeal will be reinstated without further order of this Court when the supplemental clerk's record is filed with the Court of Appeals. The appellant may file a supplemental brief, addressing any orders or findings made by the trial court pursuant to this order. The appellant's supplemental brief is due twenty days after the date on which the supplemental clerk's record is filed with the Court of Appeals. The appellee's brief is due twenty days after the appellant's supplemental brief is filed.
ORDER ENTERED May 18, 2017.
PER CURIAM Before Kreger, Horton, and Johnson, JJ.