Opinion
04-23-00261-CR
05-08-2023
Ex Parte Misael Morales Martinez
From the County Court, Kinney County, Texas Trial Court No. 12746CR Honorable Dennis Powell, Judge Presiding
ORDER
Beth Watkins, Justice
Appellant Misael Moreno-Martinez seeks to appeal the trial court's order denying his pretrial application for writ of habeas corpus. The clerk's record does not contain the required certification of appellant's right to appeal. See TEX. R. APP. P. 25.2(a)(2), (d).
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. R. 25.2(a)(2); 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 Clerk of Kinney County to file a supplemental clerk's record containing the trial court's certification by May 30, 2023.