Ex Parte Miguel A. Espinoza

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

No. 04-22-00644-CR

EX PARTE Miguel A. ESPINOZA,

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR8739 Honorable Stephanie R. Boyd, Judge Presiding

ORDER On September 28, 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 30, 2022, did not contain a certification of defendant’s right to appeal. See TEX. R. APP. P. 25.2(a)(2). In response to an inquiry from this court, the District Clerk of Bexar County stated there is no certification of defendant’s right to appeal on file in this case.

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 District Clerk of Bexar 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