Ex parte Hayes

• Decision Date: 21 June 2021
• Docket Number: No. 05-21-00203-CR,05-21-00203-CR
• Parties: EX PARTE KURNICUS HAYES
• Court: Texas Court of Appeals

EX PARTE KURNICUS HAYES

No. 05-21-00203-CR

Court of Appeals Fifth District of Texas at Dallas

June 21, 2021

On Appeal from the 283rd Judicial District Court Dallas County, Texas

Trial Court Cause No. WX20-93394-T

ORDER

We REINSTATE this appeal.

By order entered May 6, 2021, the Court ordered the trial court to make findings of fact regarding which of two cases the trial court was considering when it determined that appellant's application for writ of habeas corpus was frivolous and he is not manifestly entitled to relief. The trial court has filed findings of fact pursuant to the order. Among other findings, the trial has found:

1. The court finds applicant filed an application for writ of habeas corpus pursuant to the judgment and sentence of the 283rd District Court of Dallas County, Texas in cause number F13-30966-T where applicant entered a plea of not guilty to the felony offense of indecency with a child by sexual contact and was sentenced by a jury to community supervision for a term of ten years.

4. The court finds that in processing applicant's writ application, the district clerk issued writ cause number WX20-93394-T for this case. When the district clerk filled out a line at the top of the writ application, the district clerk listed the underlying trial court number as F17-31318-T.

5. The court finds based on the clerk's record that the court of appeals received underlying trial court documents from cause number F17-31318-T, an extraneous case involving applicant.

6. The court finds based on its review of the record and its personal knowledge that it reviewed the record in cause number F13-30966-T when it issued its order denying relief in writ cause number WX20-93394-T.

7. The court finds that the clerk's record contains the underlying trial court case documents from the incorrect cause number.

8. The court finds that the clerk's record should contain the underlying trial court case documents from cause number F13-30966-T.

9. The court finds that the order denying relief in writ cause number WX20-93394-T applies to underlying cause F13-30966-T.

We ADOPT the trial court's findings of fact recited in this order. The Court will not consider any of the documents in the clerk's record that pertain to cause number F17-31318-T to be part of the record on appeal. The Court will rely upon the documents in the clerk's record that pertain to writ cause number WX20-93394-T and trial court cause no. F13-30966-T. The Court will consider the trial court's order denying relief to apply to trial court cause no. F13-30966-T.

We note that the necessary underlying documents from cause number F13-30966-T are found in the clerk's record from appellant's direct appeal adjudicatedin appellate cause number 05-16-00740-CR and styled Kurnicus Hayes v. The State of Texas. To promote judicial efficiency and prevent further delay, the Court DIRECTS the Clerk of the Court to transfer into the appellate record of this case a copy of the clerk's record filed with this Court on October 3, 2016 in cause number 05-16-00740-CR.

Appellant has filed a request for court reporter Yolanda Atkins and official court reporter Vearneas Faggett to prepare a reporter's record of his initial trial held on May 5-8, 2015. When reviewing the denial of habeas relief, we review the...