Opinion
04-24-00391-CR
07-23-2024
EX PARTE Marco Antonio MORENO Appellant
From the 187th Judicial District Court, Bexar County, Texas Trial Court No. CM118260 Honorable Stephanie R. Boyd, Judge Presiding
ORDER
LORI MASSEY BRISSETTE, JUSTICE
Appellant Marco Antonio Moreno seeks to appeal the trial court's order denying his pretrial application for writ of habeas corpus. The clerk's record does not contain the required certification of appellant's right to appeal, see Tex. R. App. P. 25.2(a)(2), (d), and the District Clerk of Bexar County has informed this court that there is no Rule 25.2 certification in its files.
The Honorable Miguel Najera, presiding judge of the Bexar County Pre-Indictment Court, signed the order at issue in this appeal.
With exceptions that do not apply here, the Texas Rules of Appellate Procedure provide that "[t]he 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[.]" Id. R. 25.2(a)(2); see also Tex. Gov't Code Ann. § 311.016(2) ("'Shall' imposes a duty."). An order denying a pretrial application for writ of habeas corpus is an appealable order. See Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005); Ex parte Matthews, 452 S.W.3d 8, 12 (Tex. App.-San Antonio 2014, no pet.). Accordingly, we ORDER the trial court to prepare and file a Rule 25.2 certification of appellant's right to appeal from the order denying appellant's pretrial application for writ of habeas corpus. See Ex parte Ferrara, No. 03-21-00278-CR, 2021 WL 5457241, at *1 (Tex. App.-Austin Nov. 19, 2021, no pet.) (per curiam) (mem. op., not designated for publication) (ordering trial court to prepare and file Rule 25.2 certification in appeal involving request for pre-indictment habeas relief). We further ORDER the District Clerk of Bexar County to file a supplemental clerk's record containing the trial court's certification by August 12, 2024.