Ex Parte Tony Ramirez ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00409-CR
Ex parte Tony Ramirez
FROM THE 460TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-19-207142-A, THE HONORABLE SELENA ALVARENGA, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Tony Ramirez seeks to appeal the trial court’s denial of his application for writ of
habeas corpus in July 2021. However, the clerk’s record does not contain the required trial court
certification of Ramirez’s right of appeal pertaining to that ruling. See Tex. R. App. P. 25.2(a)(2)
(requiring trial court’s 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); see also Ex parte Tarango, 116 S.W.3d 201, 203 (Tex. App.—El Paso 2003, no
pet.) (explaining that “order denying habeas corpus relief is an appealable order within the
meaning of Rule 25.2(a)(2)”).
Accordingly, this appeal is abated, and the trial court is directed to prepare and
file its certification regarding Ramirez’s right of appeal as required by the Rules of Appellate
Procedure. 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 January 18, 2022. See id.R. 25.2(d), 34.5(c)(2).
It is ordered on December 28, 2021.
Before Justices Goodwin, Baker, and Smith
Abated
Filed: December 28, 2021
Do Not Publish
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