James Roy Thomas v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledMay 29, 2026
Docket03-26-00441-CR
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00441-CR
James Roy Thomas, Appellant
v.
The State of Texas, Appellee
FROM THE 426TH DISTRICT COURT OF BELL COUNTY
NO. 25DCR91207-AA, THE HONORABLE STEVEN J. DUSKIE, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant James Roy Thomas has filed a pro se notice of appeal from the denial of
his application for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.072, § 8. The clerk’s
record contains the trial court’s certification of Thomas’s right of appeal with respect to the court’s
deferred-adjudication order—which reflects that the case was a plea-bargain case for which
Thomas has no right of appeal. However, the record does not include the required certification
relating to the court’s May 1, 2026 order denying Thomas’s habeas application, which is the order
he seeks to appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of
defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”), (d)
(requiring record to include certification).
Accordingly, we abate this appeal and remand the cause to the trial court for entry
of a certification of Thomas’s right of appeal from the order denying habeas corpus relief. See id.
R. 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 June 12, 2026. See id. R. 34.5(c)(2).
It is so ordered May 29, 2026.
Before Justices Triana, Kelly, and Ellis
Abated and Remanded
Filed: May 29, 2026
Do Not Publish
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