Ernest Edward Gaines v. State

Court of Appeals of Texas·Decided November 5, 2015·No. 05-15-01144-CR·Published

Opinion

Order entered November 5, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01144-CR

ERNEST EDWARD GAINES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F05-56570-S

ORDER This appeal is from the trial court’s order denying appellant’s motion for post-conviction DNA testing pursuant to chapter 64 of the Texas Code of Criminal Procedure. The rule 25.2 certification of appellant’s right to appeal contained in the clerk’s record appears to be one prepared by appellant himself. It is not signed by the trial court or counsel. Accordingly, we ORDER the trial court to prepare and file with this Court, within FIFTEEN DAYS of the date of this order, a certification of appellant’s right to appeal. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013). We DIRECT the Clerk to send copies of this order to the Honorable Amber Givens- Davis, Presiding Judge, 282nd Judicial District Court, and to counsel for all parties.

/s/ CAROLYN WRIGHT CHIEF JUSTICE

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Related

Cortez, Damien Hernandez
420 S.W.3d 803 (Court of Criminal Appeals of Texas, 2013)