Ex Parte Todd T. Bornhop

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00033-CR

Ex parte Todd T. Bornhop, Appellant

FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-21-100116, MR. LEON J. GRIZZARD, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Todd Bornhop seeks to appeal the trial court’s denial of his application for writ of habeas corpus challenging a Governor’s Warrant for his extradition to Missouri. However, the clerk’s record does not contain the required trial court certification of Bornhop’s right to appeal the ruling. See Tex. R. App. P. 25.2(a)(2) (requiring trial court’s certification of defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”), (d) (requiring record to include trial court’s certification); see also Ex parte Tarango, 116 S.W.3d 201, 203 (Tex. App.—El Paso 2003, no pet.) (explaining that “order denying habeas corpus relief is an appealable order within the meaning of Rule 25.2(a)(2)”).

Accordingly, we abate this cause and remand it to the trial court for preparation and filing of its certification regarding Bornhop’s right of appeal as required by the Rules of Appellate Procedure. See Tex. R. App. P. 34.5(c)(1) (authorizing appellate court to direct trial court clerk to file supplement containing items omitted from clerk’s record), (2) (providing that *2 where appellate court orders trial court to prepare and file certification of right to appeal, trial court clerk must “prepare, certify, and file in the appellate court a supplemental clerk’s record”), 44.4. A supplemental clerk’s record containing the trial court’s certification shall be filed with this Court no later than June 17, 2022. See id. R. 25.2(d), 34.5(c)(2).

It is ordered on May 27, 2022. Before Justices Goodwin, Baker, and Triana Abated and Remanded Filed: May 27, 2022 Do Not Publish