Narrative Opinion Summary
Appellant Franklin Jose Velasquez Martinez filed a timely notice of appeal regarding the trial court's denial of his application for a pre-trial writ of habeas corpus. Under Texas Rule of Appellate Procedure 25.2(a)(2), the trial court is required to provide a certification of the defendant's right to appeal whenever it issues a judgment of guilt or other appealable orders, including pre-trial habeas decisions. The court noted that the denial of relief in a pre-conviction habeas corpus proceeding is immediately appealable as it constitutes a separate criminal action, marking the end of the trial stage of that action. The Fourth Court of Appeals ordered the trial court to execute a written certification confirming the defendant's right to appeal the denial of his pre-trial habeas corpus application. Additionally, the district clerk must file a supplemental record with this certification within ten days of the order.
Legal Issues Addressed
Appealability of Pre-conviction Habeas Corpus Decisionssubscribe to see similar legal issues
Application: The denial of a pre-conviction habeas corpus application is immediately appealable as it marks the end of the trial stage of that action.
Reasoning: The court noted that the denial of relief in a pre-conviction habeas corpus proceeding is immediately appealable as it constitutes a separate criminal action, marking the end of the trial stage of that action.
Certification of Right to Appealsubscribe to see similar legal issues
Application: The trial court is required to provide a certification of the defendant's right to appeal in pre-trial habeas corpus proceedings.
Reasoning: Under Texas Rule of Appellate Procedure 25.2(a)(2), the trial court is required to provide a certification of the defendant's right to appeal whenever it issues a judgment of guilt or other appealable orders, including pre-trial habeas decisions.
Filing Supplemental Recordssubscribe to see similar legal issues
Application: The district clerk is required to file a supplemental record with the certification of the defendant's right to appeal within a specified timeframe.
Reasoning: Additionally, the district clerk must file a supplemental record with this certification within ten days of the order.
Mandate for Written Certificationsubscribe to see similar legal issues
Application: The appellate court ordered the trial court to execute a written certification confirming the defendant's right to appeal the denial of his pre-trial habeas corpus application.
Reasoning: The Fourth Court of Appeals ordered the trial court to execute a written certification confirming the defendant's right to appeal the denial of his pre-trial habeas corpus application.