Opinion
04-23-00820-CR
11-14-2023
EX PARTE Cassandra STEELE
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 7002 Honorable Kirsten Cohoon, Judge Presiding
ORDER
IRENE RIOS, JUSTICE
Because appellant is the defendant in the underlying criminal proceedings, “the record must include the trial court's certification of the defendant's right of appeal under Rule 25.2(a)(2)” of the Texas Rules of Appellate Procedure. TEX. R. APP. P. 25.2(d); see also TEX. R. APP. P. 25.2(a)(2). “The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d).
On October 9, 2023, we ordered appellant to file, on or before November 8, 2023, a response establishing a certification showing she has the right to appeal the trial court's order denying her writ of habeas corpus filed pursuant to article 11.072 of the Texas Code of Criminal Procedure has been made part of the appellate record. See TEX. CRIM. PROC. ANN. ART. 11.072.
Appellant has filed a response establishing appellant has taken steps to obtain the trial court's certification of the defendant's right of appeal. Counsel represents the trial court "would like to set the matter for a hearing" and appellant requests an extension of time to file the trial court's certification. The motion requesting an extension of time to file the trial court's certification of the defendant's right of appeal is GRANTED.
We ORDER appellant to file a response, on or before December 4, 2023, establishing a certification showing she has the right to appeal the trial court's order denying her writ of habeas corpus has been made part of the appellate record. Tex.R.App.P. 25.2(d), 37.1. If a supplemental clerk's record is required to show appellant has the right to appeal, appellant must request a supplemental record from the trial court clerk and file a copy of the request with this court. If appellant fails to satisfactorily respond to this order within the time provided, the appeal may be dismissed pursuant to Rule 25.2(d). See TEX. R. APP. P. 25.2(D).