Ex Parte Rafael Alfaro Leija

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Fourth Court of Appeals San Antonio, Texas October 11, 2022

No. 04-22-00600-CR

EX PARTE Rafael Alfaro LEIJA,

From the County Court, Kinney County, Texas Trial Court No. 10469CR Honorable Tully Shahan, Judge Presiding

ORDER

On September 7, 2022, appellant filed a notice of appeal from an order denying a pretrial application for writ of habeas corpus. The clerk’s record, which was filed on September 28, 2022, did not contain a certification of defendant’s right to appeal. See TEX. R. APP. P. 25.2(a)(2). On October 6, 2022, the County and District Clerk of Kinney County filed a notification of late record stating the clerk’s office had not yet received the trial court’s certification of defendant’s right to appeal. The clerk’s notification stated a supplemental record would be filed “[a]s soon as we receive the Trial Court Certificate.”

With exceptions that do not apply here, the Texas Rules of Appellate Procedure provide that “[t]he trial court shall enter a certification of the defendant’s right of appeal each time it enters a judgment of guilt or other appealable order[.]” Id.; see also TEX. GOV’T CODE ANN. § 311.016(2) (“‘Shall’ imposes a duty.”). An order denying a pretrial application for writ of habeas corpus is an appealable order. See Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005); Ex parte Matthews, 452 S.W.3d 8, 12 (Tex. App.—San Antonio 2014, no pet.). Accordingly, we ORDER the trial court to prepare and file a certification of appellant’s right to appeal from the order denying appellant’s pretrial application for writ of habeas corpus. We further ORDER the County and District Clerk of Kinney County to file a supplemental clerk’s record containing the trial court’s certification by October 31, 2022.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of October, 2022.

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___________________________________ MICHAEL A. CRUZ, Clerk of Court