Opinion
14-22-00621-CR
11-10-2022
DANIEL JAMES GRAY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 06-CR-1249
Panel Consists of Justices Zimmerer, Spain, and Hassan.
ORDER
PER CURIAM.
Appellant is appealing an order denying his motion for forensic DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.05. On September 16, 2022, the trial court clerk filed the clerk's record, which did not contain a certification of appellant's right to appeal. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12); Tex. Code Crim. Proc. art. 64.05. 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).
We order the trial court to execute a certification of appellant's right to appeal and direct the trial court clerk to prepare, certify, and file a supplemental clerk's record containing the certification with the clerk of this this court within 30 days of the date of this order. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4.