Opinion
No. 10-16-00130-CR
05-12-2016
EX PARTE MICHAEL REIGHLEY
From the 413th District Court Johnson County, Texas
Trial Court No. F49732
MEMORANDUM OPINION
Michael Reighly attempts to appeal the trial court's denial of a writ of habeas corpus. There is no signed order from which to appeal. See TEX.R.APP.P. 26.2 (a) (1). Therefore, this Court has no jurisdiction of this appeal.
We also note that Rule 25.2 of the Texas Rules of Appellate Procedure provides that a "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." TEX. R. APP. P. 25.2(a)(2). The denial of a writ of habeas corpus is an appealable order. Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005). There is no certification of defendant's right to appeal in the record. TEX. R. APP. P. 25.2(a)(2).
Accordingly, the appeal is dismissed.
A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals' judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2 (a). --------
AL SCOGGINS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Opinion delivered and filed May 12, 2016
Do not publish
[CR25]