Opinion
05-23-01301-CR
02-05-2024
EX PARTE: BORIS MILUTINOVIC
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 219-82571-2013
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
The clerk's record is incomplete because it does not include the trial court's certification of defendant's right of appeal.
We ORDER the Honorable Jennifer Edgeworth, Presiding Judge, 401st Judicial District Court, to transmit to the district clerk within TEN DAYS of the date of this order a signed trial court's certification of defendant's right of appeal of the order denying appellant's application for writ of habeas corpus that accurately reflects the trial court proceedings and the defendant's right of appeal. See TEX. R. APP. P. 25.2(a), (d) ("The trial court shall enter a certification of the defendant's right of appeal each time it enters a judgment of guilt or other appealable order . . . ." (emphasis added)); Ex parte Ramirez, No. 03-21-00409-CR, 2021 WL 6119297, at *1 (Tex. App.-Austin Dec. 28, 2021, order) (per curiam) (mem op.; not designated for publication) (trial court's certification of defendant's right of appeal required in appeal of denial of application for writ of habeas corpus). We ORDER Michael Gould, Collin County District Clerk, to file a supplemental clerk's record containing the trial court's certification of defendant's right of appeal within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Jennifer Edgeworth, Presiding Judge, 401st Judicial District Court; Michael Gould, Collin County District Clerk; and counsel for all parties.