Opinion
NO. 14-15-01028-CRNO. 14-15-01029-CR
06-21-2016
EX PARTE CHRISTOPHER MICHAEL DUPUY
On Appeal from the 405th District Court Galveston County, Texas
Trial Court Cause Nos. 15CR1660 and 15CR1661
MEMORANDUM OPINION
These are attempted appeals from a purported ruling on November 6, 2015, on appellant's application for writ of habeas corpus and motion to dismiss pursuant to Tex. Code Crim. Proc. Ann. art. 17.151. The State filed motions to dismiss the appeals for lack of jurisdiction. The record does not contain a written order. To the contrary, the record reflects that the trial court took appellant's application and motion under advisement and did not rule on November 6. Because the record does not contain an appealable order, we lack jurisdiction over these appeals. Tex. Code Crim. Proc. Ann. art. 44.02; State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (court of appeals lacks jurisdiction absent a written order). Further, the record does not contain a certification of appellant's right to appeal, as required by Texas Rule of Appellate Procedure 25.2. See Tex. R. App. P. 25.2(d). If the record established appellant had the right to appeal but the certification was missing, we could appropriately order that a supplemental clerk's record containing the certification be filed. See Cortez v. State, 420 S.W.3d 803, In this case, the record does not establish appellant's right to appeal. Accordingly, we GRANT the State's motions to dismiss and DISMISS the appeals.
Appellant also appealed from a July 30, 2015, order denying a previous application for writ of habeas corpus for a reduction in bail in each case. We affirmed the order in Ex parte Dupuy, Nos. 14-15-00677-CR, 14-15-00678-CR, ___ S.W.3d ___ (Tex. App.—Houston [14th Dist.] June 14, 2016, n.p.h.) --------
PER CURIAM Panel consists of Justices Christopher, McCally, and Busby.
Do Not Publish - Tex. R. App. P. 47.2(b).