From Casetext: Smarter Legal Research

Ex parte Ramirez

Court of Appeals of Texas, Third District, Austin
Dec 28, 2021
No. 03-21-00409-CR (Tex. App. Dec. 28, 2021)

Opinion

03-21-00409-CR

12-28-2021

Ex parte Tony Ramirez


Do Not Publish

FROM THE 460TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-19-207142-A, THE HONORABLE SELENA ALVARENGA, JUDGE PRESIDING

Before Justices Goodwin, Baker, and Smith

ORDER AND MEMORANDUM OPINION

PER CURIAM

Tony Ramirez seeks to appeal the trial court's denial of his application for writ of habeas corpus in July 2021. However, the clerk's record does not contain the required trial court certification of Ramirez's right of appeal pertaining to that ruling. See Tex. R. App. P. 25.2(a)(2) (requiring trial court's certification of defendant's right of appeal "each time it enters a judgment of guilt or other appealable order"), (d) (requiring record to include trial court's certification); see also Ex parte Tarango, 116 S.W.3d 201, 203 (Tex. App-El Paso 2003, no pet.) (explaining that "order denying habeas corpus relief is an appealable order within the meaning of Rule 25.2(a)(2)").

Accordingly, this appeal is abated, and the trial court is directed to prepare and file its certification regarding Ramirez's right of appeal as required by the Rules of Appellate Procedure. See Tex. R. App. P. 25.2(a)(2), 44.4. A supplemental clerk's record containing the trial court's certification shall be filed with this Court no later than January 18, 2022. See id. R. 25.2(d), 34.5(c)(2).

It is ordered on December 28, 2021.

Abated.


Summaries of

Ex parte Ramirez

Court of Appeals of Texas, Third District, Austin
Dec 28, 2021
No. 03-21-00409-CR (Tex. App. Dec. 28, 2021)
Case details for

Ex parte Ramirez

Case Details

Full title:Ex parte Tony Ramirez

Court:Court of Appeals of Texas, Third District, Austin

Date published: Dec 28, 2021

Citations

No. 03-21-00409-CR (Tex. App. Dec. 28, 2021)

Citing Cases

Ex parte Rodriguez

We ORDER the Honorable Tom Nowak, Presiding Judge, 366th Judicial District Court, to transmit to the…

Ex parte Milutinovic

(emphasis added)); Ex parte Ramirez, No. 03-21-00409-CR, 2021 WL 6119297, at *1 (Tex. App.-Austin Dec.…