Ex Parte Destin Spearman

Opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Ex parte Destin Spearman Appellate case number: 01-22-00735-CR Trial court case number: 1747440 Trial court: 482nd District Court of Harris County

On January 31, 2023, the Court abated this appeal and remanded the case to the trial court for the trial court to execute a certification of appellant’s right to appeal that complied with Texas Rule of Appellate Procedure 25.2(d) and indicated whether appellant had a right to appeal from the trial court’s September 29, 2022 order denying his application for writ of habeas corpus.

On February 7, 2023, the trial court clerk filed a supplemental clerk’s record containing a certification of appellant’s right to appeal indicating that appellant “has the right to appeal from th[e] [trial] [c]ourt’s order denying relief.”

Accordingly, we REINSTATE this appeal on the Court’s active docket. The State’s appellee’s brief, if any, is due to be filed seven days from the date of this 1 order.

It is so ORDERED.

Judge’s signature: ____/s/ Julie Countiss________  Acting individually Acting for the Court

Date: February 14, 2023

1 The State’s appellee’s brief was previously due on January 25, 2023. In its motion to abate, the State requested a briefing deadline of seven days from the date of reinstatement.