Ex Parte Marco Antonio Contreras v. State

• Court: Court of Appeals of Texas
• Decided: February 4, 2021
• Docket: 14-20-00397-CR
• Status: Published

Opinion

Order filed February 4, 2021

In The

Fourteenth Court of Appeals ____________

NO. 14-20-00397-CR ____________

EX PARTE MARCO ANTONIO CONTRERAS

On Appeal from County Criminal Court at Law No. 8 Harris County, Texas Trial Court Cause No. 2285006

ORDER

On December 11, 2020, pursuant to Tex. R. App. P. 37.1, we requested you review the record and file a proper certification of the defendant’s right of appeal and transmit a supplemental clerk’s record containing a certification to this court the record of the hearing to our court on or before December 28, 2020.

On January 6, 2021, we alerted you that we had not received the requested record. The record was not received.

On January 25, 2021, we again alerted you that we had not received the requested record. In response, the trial court clerk filed an information sheet stating: This accelerated appeal is from an appealable order, specifically the denial of a pretrial application for writ of habeas corpus. Accordingly, the trial court is required to certify appellant’s right of appeal. See Tex. R. App. P. 25.2(a)(2)). Without a certification, this court is required to dismiss the appeal. See Tex. R. App. P. 25.2(d).

Accordingly, we direct the trial court to review the record, file a proper certification of the defendant’s right of appeal, and have a supplemental clerk’s record containing a certification transmitted to our court on or before February 15, 2021.

PER CURIAM

Panel Consists of Justices Chief Justice Christopher and Justices Spain and Wilson.