Ex Parte Derin Keith Muller

• Court: Court of Appeals of Texas
• Decided: December 9, 2021
• Docket: 14-21-00663-CR
• Status: Published

Opinion

Order filed December 9, 2021

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00663-CR ____________

EX PARTE DERIN KEITH MULLER

On Appeal from the 149th District Court Brazoria County, Texas Trial Court Cause No. 73524-B

ORDER

Appellant is appealing the denial of his application for a writ of habeas corpus. On November 17, 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; Vazquez, 2019 WL 6972681 at *1.

PER CURIAM

Panel Consists of Justices Wise, Spain, and Hassan.