Ex Parte Richard Asa Todd ( 2014 )

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Do Not Publish
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