William Maynard Haynes v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00252-CR
WILLIAM MAYNARD HAYNES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 2
McLennan County, Texas
Trial Court No. 2017-1790-CR2
ORDER
On September 12, 2018, the clerk’s record was filed in this appeal, and no certificate
of defendant’s right of appeal was included in the clerk’s record. By letter dated
September 19, 2018, the trial court clerk was notified by the Clerk of this Court that a
certification of defendant’s right of appeal had not been provided to this Court. The Clerk
requested the trial court clerk to file a supplemental clerk’s record containing the trial
court’s certification of defendant’s right of appeal within 14 days from the date of the
letter. More than 14 days have passed, and no supplemental clerk’s record containing
the trial court’s certification has been filed.
In accordance with Cortez v. State, the Clerk has now referred the matter to the
Court for further action. See Cortez v. State, 420 S.W.3d 803, 807 (Tex. Crim. App. 2013)
(“if the trial-court clerk does not file the certification after notice from the appellate clerk,
… the appellate clerk ‘must refer the matter to the appellate court, which will make an
appropriate order….’ The ‘appropriate order’ … is an order from the appellate court
directing the trial court to file the certification of the defendant's right of appeal.”). See
also TEX. R. APP. P. 25.2(d).
Accordingly, the TRIAL COURT is ORDERED to provide the trial court clerk with
a certification of defendant’s right of appeal within 14 days from the date of this Order.
The TRIAL COURT CLERK is ORDERED to file a supplemental clerk’s record
containing the trial court’s certification with this Court within 21 days from the date of
this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Certification ordered
Order issued and filed October 17, 2018
Haynes v. State Page 2