Ex Parte Richard Asa Todd

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00479-CR

Ex parte Richard Asa Todd, Appellant

FROM THE COUNTY COURT AT LAW NO. 3 OF WILLIAMSON COUNTY NO. 11-07348-3, HONORABLE DOUG ARNOLD, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION PER CURIAM Appellant Richard Asa Todd seeks to appeal the trial court’s denial of his application for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.072, § 8. The clerk’s record contains a trial court certification reflecting that appellant has waived his right to appeal. However, that certification relates to appellant’s judgment of conviction, not the order denying the application for habeas corpus. The clerk’s record does not contain the required trial court certification of appellant’s right of appeal concerning the order denying habeas relief, which is the order appellant seeks to appeal here. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”), (d) (requiring record to include trial court’s certification). Accordingly, we abate this appeal and remand the case to the trial court for entry of a certification of appellant’s right of appeal from the order denying habeas corpus relief as required by Rule 25.2(a)(2). See Tex. R. App. P. 25.2(a)(2), 44.4. A supplemental clerk’s record containing the trial court’s certification shall be filed with this Court no later than September 18, 2014. See Tex. R. App. P. 34.5(c)(2).

Before Chief Justice Jones, Justices Pemberton and Rose Abated and Remanded File: September 4, 2014 Do Not Publish