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Click here for the full text of this decision FACTS:The appellant, Martin Blanco Enriquez, was charged by indictment with possession of marijuana in an amount more than 50 pounds but less than 2,000 pounds. Pursuant to a plea agreement, the trial court deferred a finding of guilt and placed appellant on community supervision for 10 years. In April of 1999, the trial court entered an order discharging appellant from community supervision. Several years later, appellant filed an application for a writ of habeas corpus. The trial court signed an order denying the writ without a hearing in April 2004. The appellant again filed his writ application alleging identical grounds. The state submitted an answer to the appellant’s writ application which asserted in part that the trial court lacked jurisdiction to grant the appellant any relief. The matter was heard on Aug. 20, 2004. At the conclusion of the hearing, the trial court informed both parties that he had read the briefs, material, and affidavits and would make a decision accordingly. Appellant’s writ application was denied by written order dated Aug. 20, 2004 and he appealed. In November 2005, the El Paso Court of Appeals abated this appeal and ordered the trial court to clarify its earlier order denying appellant’s writ application and enter findings of fact and conclusions of law if applicable. In response to this court’s holding on a jurisdictional issue, the state filed a motion for rehearing which the court of appeals subsequently overruled. The state then filed a petition for discretionary review. The case remained pending in the Court of Criminal Appeals until June 2006, when that court refused the state’s petition. The Court of Criminal Appeals then returned the appellate record to the El Paso Court of Appeals. The trial judge, Hon. Herb Cooper, died before clarifying the order denying appellant’s writ application. HOLDING:The court unable to determine if appellant was entitled to findings of fact and conclusions of law. Because clarification of the trial court’s order as a remedy is now unavailable, the court rescinds its Nov. 3, 2005, order abating this appeal and reinstates the instant cause. The court reverses the order of the trial court dated Aug. 20, 2004, and remands for further proceedings in order for the trial court to consider appellant’s writ application in accordance with Texas Code of Criminal Procedure Article 11.072. OPINION:David Wellington Chew, J.; Barajas, C.J., McClure and Chew, J.J.

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