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Click here for the full text of this decision FACTS:In 1996, Martin Blanco Enriquez pleaded guilty to a marijuana possession charge. He was placed on deferred adjudication community supervision for 10 years. The trial court discharged Enriquez from community supervision in April 1999. Several years later, Enriquez filed for a writ of habeas corpus to have his conviction set aside. He claimed his guilty plea was not knowingly and intentionally made; that he received ineffective assistance of counsel; that evidence to be used against him should have been suppressed; and that the trial court did not give him the proper admonishments. The trial court denied the writ in April 2004. Enriquez filed another writ with the same grounds. The state argued that the trial court lacked jurisdiction to grant the requested relief. The state also addressed the merits of Enriquez’ arguments, and argued, too, that even granting the relief would not release Enriquez from the restraint his complained of. The trial court eventually denied this application for writ, too, in August 2004. HOLDING:Appeal abated. The court says that before it can address the issues on appeal, it has to determine whether a trial court can hear a writ of habeas corpus brought under Texas Code of Criminal Procedure Article 11.072 when a person is no longer on deferred adjudication supervision. The court refers to Ex Parte De La Cruz, 08-04-00100-CR (Tex.App. El Paso 2005, no pet.), an unpublished opinion in which this court said that by its plain and ordinary meaning, Article 11.072, �2(b) clearly applies to individuals who have been discharged from community supervision. The court says it is reiterating the De La Cruz holding in a published opinion. “To read this section as excluding those individuals who have completed their term of community supervision would make those words not only superfluous, but also ineffective. Such a result would be contrary to established cannons of statutory construction.” The court notes that its interpretation creates a conflict with Article 42.12, �5(c), which this court has interpreted as saying that a trial court no longer has jurisdiction to take any further action once a defendant is discharged under Article 11.072. “After due consideration, we find that Article 11.072, � 2(b) creates an exception to the general effect of a dismissal under Article 42.12, � 5(c). We agree that a dismissal and discharge would normally divest jurisdiction from the trial court. However, in the context of applications for a writ of habeas corpus for individuals who have completed their term of community supervision, the Legislature has clearly extended the jurisdiction of a trial court for the limited purpose of hearing a writ of habeas corpus brought pursuant to Article 11.072.” The court finds the trial court’s order unclear because it struck the word “frivolous” from its order, but it also denied relief. By statute, if the trial court finds that the applicant was “manifestly entitled to no relief” from the face of the application, it is required to enter a finding of “frivolous.” A finding of “frivolous” also requires the trial court to make findings of fact and conclusions of law. The court abates the appeal so that the trial court can clarify its order. OPINION:Chew, J.; Barajas, C.J., McClure and Chew, JJ.

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