Opinion
14-22-00324-CR
06-21-2022
LEON HARRISON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court Harris County, Texas Trial Court Cause No. 635921
Panel Consists of Justices Bourliot, Hassan, and Wilson.
ABATEMENT ORDER
PER CURIAM.
On March 31, 2022, appellant, Leon Harrison, an inmate in the Texas Department of Criminal Justice, filed a motion for forensic DNA testing with the trial court. See Tex. Code Crim. Proc. art. 64.01. On April 26, 2022, appellant filed a notice of appeal complaining that the trial court denied his motion for DNA testing. On May 3, 2022, the trial court signed a certification of defendant's right to appeal indicating that the case was a plea bargain case and defendant has NO right of appeal.
In criminal cases, we have jurisdiction to consider an appeal from the entry of an appealable order. See Tex. R. App. P. 25.2, 26.2(a)(1); Tex. Code Crim. Proc. art. 44.02; State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (noting that "[Court's] precedent requires that an order be in writing" when discussing State's statutory right to appeal pretrial suppression order); see also State v. Rosenbaum, 818 S.W.2d 398, 401-02 (Tex. Crim. App. 1991) (holding that for purposes of appeal, trial court "enters" order when judge signs order). The record before us contains no signed written order denying appellant's motion for forensic DNA testing.
Additionally, the trial court's certification does not appear to accurately reflect appellant's right of appeal as it indicates that appellant has no right of appeal. However, an order denying a motion for post-conviction DNA testing is an appealable order. See Tex. Code Crim. Proc. art. 64.05 (authorizing individual seeking DNA testing to appeal trial court's ruling "in the same manner as an appeal of any other criminal matter."). Because the certification does not accurately reflect appellant's right of appeal, it is defective. See Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App. 2005).
Accordingly, we abate this appeal and remand the cause to the trial court for:
(1) entry of a signed order on appellant's motion for forensic DNA testing and
(2) entry of an amended certificate that accurately reflects appellant's right of appeal in this Chapter 64 proceeding.See Tex. R. App. P. 44.4(b) (requiring appellate court to direct trial court to correct remedial error that prevents proper presentation of appeal); Tex.R.App.P. 37.1 (requiring appellate court to notify parties if there appears to be a defect in certification).
Once entered, the signed order and amended certificate shall be included in a supplemental clerk's record and filed with this court within thirty days from the date of this order. This appeal will be reinstated after the supplemental clerk's record is filed.