Opinion
04-22-00598-CR
10-11-2022
EX PARTE Jesus Alfredo GARCIA CASTILLO,
From the County Court, Kinney County, Texas Trial Court No. 10574CR Honorable Tully Shahan, Judge Presiding
ORDER
LUZ ELENA D. CHAPA, JUSTICE
On September 7, 2022, appellant Jesus Alfredo Garcia Castillo filed a notice of appeal stating his intent to appeal an order denying his pretrial application for writ of habeas corpus. In his notice of appeal, appellant indicates the trial court signed the order on August 17, 2022. On September 28, 2022, the Kinney County District Clerk filed the clerk's record, but the clerk's record did not include the August 17, 2022 order referenced in the notice of appeal or a copy of the trial court's certification of the defendant's right to appeal as required by Rule 25.2 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 25.2 (requiring trial court's certification of defendant's right of appeal "each time it enters a judgment of guilt or other appealable order"); 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)"). On October 6, 2022, the district clerk filed a notification of late record requesting additional time to file a supplemental clerk's record with a copy of the trial court certificate.
After consideration, we grant the extension and order the Kinney County District Clerk to file a supplemental clerk's record containing all items required to be contained in the clerks record, including all orders signed on August 17, 2022 and a copy of the trial court's certification of the defendant's right to appeal, by October 31, 2022. See TEX. R. APP. P. 34.5(c)(1) (authorizing appellate court to direct trial court clerk to file supplement containing items omitted from clerks record), (2) (providing that 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 clerks record").