TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00278-CR
Ex parte John D. Ferrara
FROM THE COUNTY COURT AT LAW NO 3 OF HAYS COUNTY,
NO. 21-0498-C, JUDGE LINDA RODRIGUEZ, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
On June 14, 2021, John D. Ferrara filed a notice of appeal stating he wanted to
appeal from the “judgement of the trial court to not dismiss an arrest by felony warrant that has
not been filed in Justice Court, but was determined to not be a felony by the Hays County
District Attorney’s Office and the Travis County Attorney (Pro Tem) and therefore cause
20-2877 (filed in Hays County District Court), was referred to the County Court for relief; per
the District Court.” It appears from the clerk’s record that Ferrara is appealing from the trial
court’s ruling on his “Application for Pre-Indictment Habeas Corpus Relief / Motion to Dismiss
Prosecution,” however although the trial court verbally ruled that it would change Ferrara’s bond
to a personal-recognizance bond but was otherwise denying his requested relief, the record does
not indicate that the trial court has signed any judgment or order from which an appeal may be
taken. Nor does the clerk’s record include the required trial-court certification of Ferrara’s right
to appeal. See Tex. R. App. P. 25.2(a)(d).
The rules of appellate procedure require the trial court to enter a certification of a
defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order.”
Id. R. 25.2(a)(2). An order denying a pretrial application for habeas corpus relief is an
appealable order. See Ex parte Schmidt, 109 S.W.3d 480, 481 (Tex. Crim. App. 2003); Ex parte
Stevens, No. 03-19-00103-CR, 2019 WL 1123457, at *1 (Tex. App.—Austin Mar. 11, 2019, no
pet.) (order & mem. op., not designated for publication) (per curiam); see also Ex parte Miller,
No. 03-16-00137-CR, 2016 WL 2942004, at *1 (Tex. App.—Austin May 10, 2016, no pet.)
(order & mem. op., not designated for publication) (per curiam) (abating appeal and directing
trial court to prepare and file certification of appellant's right of appeal from order denying
pretrial habeas corpus relief).
We abate this appeal and direct the trial court to either sign an order ruling on
Ferrara’s application or to hold a hearing to determine whether a final order was actually entered.
The court is also instructed to prepare and file a certification of Ferrara’s right of appeal from the
order ruling on his pretrial application for writ of habeas corpus as required by the Texas Rules
of Appellate Procedure. See Tex. R. App. P. 25.2(a)(2), 44.4. A supplemental clerk's
record containing the trial court's certification shall be filed with this Court no later than
December 13, 2021. See id. R. 25.2(d), 34.5(c)(2).
It is so ordered on November 19, 2021.
Before Chief Justice Byrne, Justices Triana and Kelly
Filed: November 19, 2021
Do Not Publish
2