Opinion
14-21-00378-CR
08-03-2021
EX PARTE TAMARA CHERYL BARLOTTA-WOOD
On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause No. 18-DCR-083468B
Panel Consists of Justices Wise, Jewell, and Spain.
ORDER
PER CURIAM
Appellant is appealing the denial of her application for a writ of habeas corpus. On July 12, 2021, the trial court clerk filed the clerk's record, which did not contain a certification of appellant's right to appeal. See Tex.R.App.P. 25.2(a)(2), 34.5(a)(12); see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex.R.App.P. 25.2(d); Dears, 154 S.W.3d at 613. Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure instructs the trial court to enter a certificate 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) (emphasis added). This includes the entry of an order on a defendant's application for writ of habeas corpus. See Ex parte Vazquez, No. 3-19-00885-CR, 2019 WL 6972681 (Tex. App.-Austin Dec. 20, 2019, no pet.) (order).
We order the trial court to execute a certification of appellant's right to appeal and direct the trial court clerk to prepare and file a supplemental clerk's record containing the certification with this court within 30 days of the date of this order. See Tex.R.App.P. 34.5(c)(2), 37.1, 44.4; Vazquez, 2019 WL 6972681 at *1.