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Powell v. State

Court of Appeals of Texas, Fourteenth District
Nov 16, 2023
No. 14-23-00739-CR (Tex. App. Nov. 16, 2023)

Opinion

14-23-00739-CR

11-16-2023

XAVIER POWELL, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 08-DCR-048857

ORDER

PER CURIAM.

Appellant is appealing an order denying his motion for forensic DNA testing. See Tex. Code Crim. Proc. art. 64.05. On November 6, 2023, 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 and file a supplemental clerk's record containing the certification with this court within 30 days of the date of this order. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4.

Panel Consists of Justices Bourliot, Zimmerer, and Spain.


Summaries of

Powell v. State

Court of Appeals of Texas, Fourteenth District
Nov 16, 2023
No. 14-23-00739-CR (Tex. App. Nov. 16, 2023)
Case details for

Powell v. State

Case Details

Full title:XAVIER POWELL, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District

Date published: Nov 16, 2023

Citations

No. 14-23-00739-CR (Tex. App. Nov. 16, 2023)