Opinion
01-24-00520-CR
08-20-2024
Ex parte Forrest Greenberg
488th District Court of Harris County Trial court case number: 1865734
ORDER OF ABATEMENT
Amparo Monique Guerra Judge.
Appellant, Forrest Greenberg, filed a notice of appeal from the trial court's June 3, 2024 order denying his petition for pretrial writ of habeas corpus. The clerk's record, filed in this Court on July 16, 2024, does not include a certification of appellant's right of appeal. See Tex. R. App. P. 25.2(a)(2), (d), 34.5(a)(12), 37.1. This Court must dismiss a criminal appeal "if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex.R.App.P. 25.2(d); Ex parte Tarango, 116 S.W.3d 201, 203 (Tex. App.-El Paso 2003, no pet.). However, the Texas Rules of Appellate Procedure prohibit us from dismissing an appeal based on the lack of a valid certification when we determine that an appellant has a right of appeal. See Tex. R. App. P. 25.2(f), 34.5(c) (2), 37.1, 44.4.
Accordingly, we abate the appeal and remand the case to the trial court for further proceedings. We direct the trial court to prepare and execute a certification of appellant's right of appeal that complies with Texas Rule of Appellate Procedure 25.2(d) and indicates whether appellant has the right of appeal. See Tex. R. App. P. 25.2(a)(2), (d), 34.5 (c)(2), 37.1. The trial court clerk is directed to file with this Court a supplemental clerk's record containing the certification of appellant's right of appeal no later than 30 days from the date of this order. See Tex. R. App. P. 34.5(c)(2).
The 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 records that comply with this Court's order are filed with the Clerk of this Court or on successful motion of the parties.
It is so ORDERED.