Opinion
04-22-00387-CR
07-13-2022
EX PARTE Franklin Jose Velasquez MARTINEZ
From the County Court, Kinney County, Texas Trial Court No. 10369CR Honorable Roland Andrade, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
Appellant timely filed a notice appeal from the trial court's order denying his application for a pre-trial writ of habeas corpus. See Tex. R. App. P. 31.1. Under Rule 25.2(a)(2), the trial court must enter a certification of the defendant's right of appeal each time it enters a judgment of guilt or "other appealable order" and the certification must be included in the clerk's record. Tex.R.App.P. 25.2(a)(2). Rule 25.2(a)(2) does not contain any language excluding a defendant's appeal of a pre-trial habeas ruling from these provisions. See id.; see also Ex parte Matthews, 452 S.W.3d 8, 12 (Tex. App.-San Antonio 2014, no pet.) (noting denial of relief in pre-conviction habeas corpus proceeding is immediately appealable "because the habeas proceeding is in fact considered a separate criminal action, and the denial of relief marks the end of the trial stage of that criminal action").
Accordingly, the trial court is ORDERED to promptly execute a written certification showing the defendant has the right to appeal the denial of his pre-trial application for writ of habeas corpus under Rule 25(a)(2). It is further ORDERED that the district clerk shall file a supplemental clerk's record containing the trial court's certification of defendant's right to appeal no later than ten (10) days from the date of this order.