Ex Parte Michael Reighley

• Court: Court of Appeals of Texas
• Decided: May 12, 2016
• Docket: 10-16-00130-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-16-00130-CR

EX PARTE MICHAEL REIGHLEY

From the 413th District Court Johnson County, Texas Trial Court No. F49732

MEMORANDUM OPINION

Michael Reighly attempts to appeal the trial court’s denial of a writ of habeas

corpus. There is no signed order from which to appeal.1 See TEX.R.APP.P. 26.2 (a) (1).

Therefore, this Court has no jurisdiction of this appeal.

Accordingly, the appeal is dismissed. 2

1 We also note that Rule 25.2 of the Texas Rules of Appellate Procedure provides that a “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.” TEX. R. APP. P. 25.2(a)(2). The denial of a writ of habeas corpus is an appealable order. Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005). There is no certification of defendant’s right to appeal in the record. TEX. R. APP. P. 25.2(a)(2).

2 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2 (a). AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed May 12, 2016 Do not publish [CR25]

Ex parte Reighley Page 2