Opinion
04-22-00387-CR
07-13-2022
From the County Court, Kinney County, Texas Trial Court No. 10369CR Honorable Roland Andrade, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
Appellant timely filed a notice appeal from the trial court's order denying his application for a pre-trial writ of habeas corpus. See Tex. R. App. P. 31.1. Under Rule 25.2(a)(2), the trial court must enter a certification of the defendant's right of appeal each time it enters a judgment of guilt or "other appealable order" and the certification must be included in the clerk's record. Tex.R.App.P. 25.2(a)(2). Rule 25.2(a)(2) does not contain any language excluding a defendant's appeal of a pre-trial habeas ruling from these provisions. See id.; see also Ex parte Matthews, 452 S.W.3d 8, 12 (Tex. App.-San Antonio 2014, no pet.) (noting denial of relief in pre-conviction habeas corpus proceeding is immediately appealable "because the habeas proceeding is in fact considered a separate criminal action, and the denial of relief marks the end of the trial stage of that criminal action").
Accordingly, the trial court is ORDERED to promptly execute a written certification showing the defendant has the right to appeal the denial of his pre-trial application for writ of habeas corpus under Rule 25(a)(2). It is further ORDERED that the district clerk shall file a supplemental clerk's record containing the trial court's certification of defendant's right to appeal no later than ten (10) days from the date of this order.