Opinion
01-24-00093-CR
03-21-2024
Ex parte Robert Gildon
Trial court: 174th District Court of Harris County Trial court case number: 0414240-A
MEMORANDUM ORDER
SARAH BETH LANDAU, JUDGE.
On February 13, 2024, this Court abated the above-referenced appeal and remanded to the trial court for the trial court to execute a certification of appellant's right to appeal that complies with Texas Rule of Appellate Procedure 25.2(d) and indicates whether appellant has the right to appeal from the trial court's January 5, 2024 order denying his application for writ of habeas corpus. Tex.R.App.P. 25.2(a)(2), (d), 37.1.
A supplemental clerk's record was filed with this Court on March 14, 2024 containing a document entitled "Trial Court's Certification of Defendant's Right of Appeal." However, that document is signed only by appellant and his attorney. No indication of whether appellant has the right to appeal is made. And it is not executed by the trial court.
Accordingly, the abatement of this appeal is continued for preparation of a second supplemental clerk's record containing a certificate of appellant's right to appeal executed by the trial court.
The trial court clerk is directed to file a supplemental clerk's record containing a certification of appellant's right of appeal from the order denying his application for writ of habeas corpus. The second supplemental clerk's record shall be filed with this Court no later than 30 days from the date of this order. See Tex. R. App. P. 34.5(c)(2).
This appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the second supplemental clerk's record is filed with the Clerk of this Court.