We have just had a hearing on a habeas corpus hearing on a misdemeanor conviction wherein community service was handed down. The court denied the application and findings of fact and conclusions of law have been prepared. Query: to which court do those findings go: Court of Criminal Appeals or the lower appellate court? Appeal under 11.072 comes under Art. 44.02 (CCP)(i'e., right of appeal under rules herein described) and Rule 31 (TRAP)("the appellate court"). Common sense tells me it's the lower appellate court because of the minor nature of the case.

Unless the applicant appeals, the FOF & COL just stay with the parties and the trial court. If the applicant appeals, they will become a part of the appellate record. The proper appellate court would be the appropriate COA, not the CCA.

JAS

Thanks; this is the first one of these things we've handled, and it is another learning experience.