Eddie Lewis Carter v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 2, 2021
• Docket: 14-21-00600-CR
• Status: Published

Opinion

Order filed December 2, 2021

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00600-CR ____________

EDDIE LEWIS CARTER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court Harris County, Texas Trial Court Cause No. 464465E

ORDER

Appellant is appealing the dismissal of his application for a writ of habeas corpus. On November 1, 2021, 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); see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). 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, 154 S.W.3d at 613. Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure instructs the trial court to enter a certificate of the defendant’s right of appeal each time it enters a judgment of guilt or other appealable order. Tex. R. App. P. 25.2(a)(2) (emphasis added). This includes the entry of an order on a defendant’s application for writ of habeas corpus. See Ex parte Vazquez, No. 3- 19-00885-CR, 2019 WL 6972681 (Tex. App.—Austin Dec. 20, 2019, no pet.) (order).

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; Cortez v. State, 420 S.W.3d 803, 806–07 (Tex. Crim. App. 2013).

PER CURIAM

Panel Consists of Justices Wise, Spain, Hassan.