Ex Parte Alberto Vazquez

• Court: Court of Appeals of Texas
• Decided: December 20, 2019
• Docket: 03-19-00885-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00885-CR

Ex parte Alberto Vazquez

FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 18-0179-K368, THE HONORABLE RICK J. KENNON, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Alberto Vazquez seeks to appeal the trial court’s order denying his

pretrial application for writ of habeas corpus. See Tex. Code Crim. Proc. arts. 11.01, 11.05,

11.08. However, the clerk’s record does not contain the required trial-court certification of

appellant’s right of appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to “enter a

certification of the defendant’s right of appeal each time it enters a judgment of guilt or other

appealable order”); see also Ex parte Stevens, No. 03-19-00103-CR, 2019 Tex. App. LEXIS

1835, at *1 (Tex. App.—Austin Mar. 11, 2019) (per curiam order) (mem. op., not designated for

publication) (“An order denying a pretrial application seeking habeas corpus relief is an

appealable order.”).

Accordingly, we abate the appeal for the trial court to prepare and file its

certification of appellant’s right of appeal as required by the Texas Rules of Appellate Procedure.

See Tex. R. App. P. 25.2(a)(2), 44.4. A supplemental clerk’s record containing the trial court’s certification shall be filed with this Court no later than January 9, 2020. See Tex. R. App. P.

25.2(d), 34.5(c)(2).

It is so ordered December 20, 2019.

Before Chief Justice Rose, Justices Triana and Smith

Abated and Remanded

Filed: December 20, 2019

Do Not Publish