Ex Parte Destin Spearman ( 2023 )

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER OF ABATEMENT
Appellate case name: Ex parte Destin Spearman
Appellate case number: 01-22-00735-CR
Trial court case number: 1747440
Trial court: 482nd District Court of Harris County
Appellant, Destin Spearman, has filed a notice of appeal of the trial court’s September
29, 2022 order denying her application for writ of habeas corpus. On January 25, 2023, the State
filed a motion to abate this appeal because the clerk’s record does not contain the trial court’s
certification of appellant’s right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d). After reviewing
the record, we agree with the State that the clerk’s record does not include a copy of the trial
court’s certification of appellant’s right of appeal from the order denying her application for writ
of habeas corpus. See TEX. R. APP. P. 25.2(a)(2), (d).
Accordingly, we abate the appeal and remand the case to the trial court for the trial court
to execute a certification of appellant’s right to appeal that complies with Texas Rule of
Appellate Procedure 25.2(d) and indicates whether appellant has the right to appeal from the trial
court’s September 29, 2022 order denying her application for writ of habeas corpus. See TEX. R.
APP. P. 25.2(a)(2), (d), 37.1. This Court must dismiss the appeal “if a certification that shows the
defendant has a right of appeal has not been made part of the record under these rules.” TEX. R.
APP. P. 25.2(d); Ex parte Tarango, 116 S.W.3d 201, 203 (Tex. App.—El Paso 2003, no pet.).
The trial court clerk is directed to file a supplemental clerk’s record containing a
certification of appellant’s right of appeal from the order denying her application for writ of
habeas corpus. The supplemental clerk’s record shall be filed with this Court no later than 30
days from the date of this order. See TEX. R. APP. P. 34.5(c)(2).
The appeal is abated, treated as a closed case, and removed from this Court’s active
docket. The appeal will be reinstated on this Court’s active docket when the supplemental
clerk’s record is filed with the Clerk of this Court. The State’s request for an extension of
time to file its brief is denied. The Court will consider an extension of time once the
special clerk’s record is filed and this appeal is reinstated.
It is so ORDERED.
Judge’s signature: ______/s/ Julie Countiss_________
 Acting individually Acting for the Court
Date: __January 31, 2023___
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