Ex Parte Christopher Michael Dupuy v. The State of Texas Appeal from 405th District Court of Galveston County (memorandum opinion per curiam)

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Motions Granted; Appeals Dismissed and Memorandum Opinion filed June 21, 2016. In The Fourteenth Court of Appeals NO. 14-15-01028-CR NO. 14-15-01029-CR EX PARTE CHRISTOPHER MICHAEL DUPUY On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause Nos. 15CR1660 and 15CR1661 MEMORANDUM OPINION These are attempted appeals from a purported ruling on November 6, 2015, on appellant’s application for writ of habeas corpus and motion to dismiss pursuant to Tex. Code Crim. Proc. Ann. art. 17.151.1 The State filed motions to dismiss the appeals for lack of jurisdiction. 1 Appellant also appealed from a July 30, 2015, order denying a previous application for writ of habeas corpus for a reduction in bail in each case. We affirmed the order in Ex parte Dupuy, Nos. 14-15-00677-CR, 14-15-00678-CR, __ S.W.3d __ (Tex. App.—Houston [14th Dist.] June 14, 2016, n.p.h.) The record does not contain a written order. To the contrary, the record reflects that the trial court took appellant’s application and motion under advisement and did not rule on November 6. Because the record does not contain an appealable order, we lack jurisdiction over these appeals. Tex. Code Crim. Proc. Ann. art. 44.02; State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (court of appeals lacks jurisdiction absent a written order). Further, the record does not contain a certification of appellant’s right to appeal, as required by Texas Rule of Appellate Procedure 25.2. See Tex. R. App. P. 25.2(d). If the record established appellant had the right to appeal but the certification was missing, we could appropriately order that a supplemental clerk’s record containing the certification be filed. See Cortez v. State, 420 S.W.3d 803, In this case, the record does not establish appellant’s right to appeal. Accordingly, we GRANT the State’s motions to dismiss and DISMISS the appeals. PER CURIAM Panel consists of Justices Christopher, McCally, and Busby. Do Not Publish – Tex. R. App. P. 47.2(b). 2

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