Opinion
NO. 14-20-00317-CR
06-30-2020
EX PARTE AUSTIN LOUIS ROBLESA
On Appeal from the 458th District Court Fort Bend County, Texas
Trial Court Cause No. 20-DCR-090679
ORDER
Appellant filed a notice of appeal from the order denying his application for writ of habeas corpus regarding his bail bond. The clerk's record does not contain a certification of appellant's right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12).
An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005) ("The court of appeals must dismiss an appeal if a certification showing that the defendant has the right to appeal is not made a part of the appellate record.").
We therefore ABATE the appeal and order the trial court to execute a certification of appellant's right to appeal. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State, 420 S.W.3d 803, 806-07 (Tex. Crim. App. 2013). The trial court shall file a certification of the defendant's right of appeal with the district clerk and direct the clerk to prepare and file a supplemental clerk's record containing the certification with this court by July 30 , 2020 .
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental record containing the certification of the defendant's right to appeal is filed.
PER CURIAM Panel consists of Justices Christopher, Jewell, and Hassan