Fourth Court of Appeals
San Antonio, Texas
July 13, 2022
No. 04-22-00387-CR
EX PARTE Franklin Jose Velasquez MARTINEZ
From the County Court, Kinney County, Texas
Trial Court No. 10369CR
Honorable Roland Andrade, Judge Presiding
ORDER
Appellant timely filed a notice appeal from the trial court’s order denying his application
for a pre-trial writ of habeas corpus. See TEX. R. APP. P. 31.1. Under Rule 25.2(a)(2), the trial
court must enter a certification of the defendant’s right of appeal each time it enters a judgment
of guilt or “other appealable order” and the certification must be included in the clerk’s record.
TEX. R. APP. P. 25.2(a)(2). Rule 25.2(a)(2) does not contain any language excluding a
defendant’s appeal of a pre-trial habeas ruling from these provisions. See id.; see also Ex parte
Matthews, 452 S.W.3d 8, 12 (Tex. App.—San Antonio 2014, no pet.) (noting denial of relief in
pre-conviction habeas corpus proceeding is immediately appealable “because the habeas
proceeding is in fact considered a separate criminal action, and the denial of relief marks the end
of the trial stage of that criminal action”).
Accordingly, the trial court is ORDERED to promptly execute a written certification
showing the defendant has the right to appeal the denial of his pre-trial application for writ of
habeas corpus under Rule 25(a)(2). It is further ORDERED that the district clerk shall file a
supplemental clerk’s record containing the trial court’s certification of defendant’s right to
appeal no later than ten (10) days from the date of this order.
_________________________________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 13th day of July, 2022.
___________________________________
Michael A. Cruz,
Clerk of Court