Opinion
04-23-00328-CR
04-18-2023
EX PARTE Gilberto RODRIGUEZ-MEJORADA,
From the County Court, Jim Hogg County, Texas Trial Court No. 1035C Honorable Greg Perkes, Judge Presiding.
ORDER
Liza A. Rodriguez, Justice.
Appellant has filed a notice of appeal, stating that he intends to appeal the trial court's February 14, 2023 order denying his application for pretrial writ of habeas corpus. On April 6, 2023, the clerk's record was filed. The clerk's record does not include the trial court's certification of appellant's right to appeal. See TEX. R. APP. P. 25.2(d) (requiring record to include trial court's certification). The Texas Rules of Appellate Procedure require the trial court to enter a certification of the defendant's right of appeal "each time it enters a judgment of guilt or other appealable order." TEX. R. APP. P. 25.2(a)(2). "An order denying a pretrial application seeking habeas corpus relief is an appealable order." Ex parte Stevens, No. 03-19-00103-CR, 2019 WL 1123457, at *1 (Tex. App.-Austin 2019, no pet.); see also Ex parte Schmidt, 109 S.W.3d 480, 481 (Tex. Crim. App. 2003) (reaffirming that when a trial court has jurisdiction to issue a writ of habeas corpus, denial of relief can be appealed). Therefore, we ORDER the trial court to sign a certification of appellant's right to appeal within ten days of the date of this order. See Ex parte Stevens, 2019 WL 1123457, at *1. We further ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's certification within fifteen days of the date of this order. See id.