Fourth Court of Appeals
San Antonio, Texas
October 13, 2021
No. 04-21-00412-CR
EX PARTE KEVIN OWENS,
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2021-CR-1906
Honorable Stephanie R. Boyd, Judge Presiding
ORDER
On June 18, 2021, Appellant filed a pretrial application for writ of habeas corpus in the
trial court. His application argued that the stalking charges against him are unconstitutional. His
notice of appeal refers to the trial court’s “denial of Writ of Habeas Corpus.”
The clerk’s record does not contain a signed, appealable order. But see State v.
Wachtendorf, 475 S.W.3d 895, 904 (Tex. Crim. App. 2015) (“[T]he trial court’s oral
pronouncements on the record do not constitute appealable orders.”). Furthermore, a trial court
must certify a defendant’s right to appeal if he has the right to appeal, which has not occurred in
this case. Contra TEX. R. APP. P. 25.2(a)(2).
We ORDER Appellant to show cause in writing within FIFTEEN DAYS of the date of
this order why this appeal should not be dismissed for want of jurisdiction.
If Appellant does not show cause in writing as ordered, this appeal will be dismissed for
want of jurisdiction. See TEX. R. APP. P. 42.3(a).
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 13th day of October, 2021.
___________________________________
MICHAEL A. CRUZ, Clerk of Court
Ex Parte Kevin Owens
Combined Opinion