Ex Parte Gary Griffin

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00198-CR
Ex parte Gary Griffin
FROM THE 22ND DISTRICT COURT OF HAYS COUNTY
NO. CR-14-0432-A-WHC2, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant Gary Griffin appeals from the trial court’s order denying his application
for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.072, § 8. The clerk’s record was
originally due to be filed in this case on June 4, 2021. As of the date of this order, the record has
not been filed.
The trial and appellate courts are jointly responsible for ensuring that the
appellate record is timely filed. See Tex. R. App. P. 35.3(c). It is the duty of the trial court clerk
to prepare, certify, and timely file the clerk’s record in a criminal case if a notice of appeal has
been filed, and the trial court has certified the defendant’s right of appeal. See id. 35.3(a); see
also id. 25.2(a) (obligating 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), 34.5(a)(12) (same); Ex parte Gutierrez, No. 03-17-00644-CR, 2017 WL
5247516, at *2 (Tex. App.—Austin Nov. 7, 2017, no pet.) (mem. op., not designated for
publication) (specifying that “[a]n order denying habeas corpus relief under Article 11.072 is an
appealable order”).
Accordingly, we abate this appeal and remand the case to the trial court to allow
for the filing of the clerk’s record, including a certification of Griffin’s right of appeal. See Tex.
R. App. P. 25.2(a)(2), (d), 37.3(a)(2) (requiring appellate court, if the clerk’s record has not been
filed, to “make whatever order is appropriate to avoid further delay and to preserve the parties’
rights”). The trial court is instructed to file the record no later than July 29, 2022.
It is ordered on July 22, 2022.
Before Chief Justice Byrne, Justices Triana, Smith
Abated and Remanded
Filed: July 22, 2022
Do Not Publish
2