Ex Parte Alexis Pantoja Vasquez

• Court: Court of Appeals of Texas
• Decided: August 11, 2022
• Docket: 04-22-00476-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas August 11, 2022

No. 04-22-00476-CR

EX PARTE Alexis Pantoja VASQUEZ

From the County Court, Kinney County, Texas Trial Court No. 10420-CR Honorable Dennis Powell, Judge Presiding

ORDER Appellant Alexis Pantoja Vasquez seeks to appeal the trial court’s order denying his pretrial application for writ of habeas corpus. The clerk’s record does not contain the required certification of appellant’s right to appeal, see TEX. R. APP. P. 25.2(a)(2), (d), and the County Clerk of Kinney County has informed this court that there is no Rule 25.2 certification in its files.

With exceptions that do not apply here, the Texas Rules of Appellate Procedure provide that “[t]he trial court shall enter a certification of the defendant’s right of appeal each time it enters a judgment of guilt or other appealable order[.]” Id. R. 25.2(a)(2); see also TEX. GOV’T CODE ANN. § 311.016(2) (“‘Shall’ imposes a duty.”). An order denying a pretrial application for writ of habeas corpus is an appealable order. See Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005); Ex parte Matthews, 452 S.W.3d 8, 12 (Tex. App.—San Antonio 2014, no pet.). Accordingly, we ORDER the trial court to prepare and file a certification of appellant’s right to appeal from the order denying appellant’s pretrial application for writ of habeas corpus. We further ORDER the County Clerk of Kinney County to file a supplemental clerk’s record containing the trial court’s certification by August 31, 2022.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of August, 2022. ___________________________________ MICHAEL A. CRUZ, Clerk of Court