Ex Parte Tamara Cheryl Barlotta-Wood

• Court: Court of Appeals of Texas
• Decided: August 3, 2021
• Docket: 14-21-00378-CR
• Status: Published

Opinion

Order filed August 3, 2021.

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00378-CR ____________

EX PARTE TAMARA CHERYL BARLOTTA-WOOD

On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause No. 18-DCR-083468B

ORDER

Appellant is appealing the denial of her application for a writ of habeas corpus. On July 12, 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, Jewell, and Spain.