Ex Parte Todd T. Bornhop ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00033-CR
Ex parte Todd T. Bornhop, Appellant
FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-21-100116, MR. LEON J. GRIZZARD, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Todd Bornhop seeks to appeal the trial court’s denial of his application for writ of
habeas corpus challenging a Governor’s Warrant for his extradition to Missouri. However, the
clerk’s record does not contain the required trial court certification of Bornhop’s right to appeal
the 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, we abate this cause and remand it to the trial court for preparation
and filing of its certification regarding Bornhop’s right of appeal as required by the Rules of
Appellate Procedure. See Tex. R. App. P. 34.5(c)(1) (authorizing appellate court to direct trial
court clerk to file supplement containing items omitted from clerk’s record), (2) (providing that
where appellate court orders trial court to prepare and file certification of right to appeal, trial
court clerk must “prepare, certify, and file in the appellate court a supplemental clerk’s record”),
44.4. A supplemental clerk’s record containing the trial court’s certification shall be filed with
this Court no later than June 17, 2022. See id. R. 25.2(d), 34.5(c)(2).
It is ordered on May 27, 2022.
Before Justices Goodwin, Baker, and Triana
Abated and Remanded
Filed: May 27, 2022
Do Not Publish
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