Abatement Order filed April 27, 2016.

In The

Fourteenth Court of Appeals

NO.14-15-00854-CR

NO.14-15-00855-CR

JOHN MICHAEL ENARD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause Nos. 1375416 and 1439251

A B A T E M E N T O R D E R

Appellant John Michael Enard was charged by indictment in trial court cause 

number 1375416 with failure to comply with a sex-offender registration requirement. 

Appellant was also charged by indictment in trial court cause number 1439251 with 

violating a civil commitment requirement. In trial court cause number 1453912, 

appellant sought pre-trial habeas-corpus relief, including the dismissal of the 

indictment against him in in trial court cause number 1439251. The trial court denied 
the requested habeas-corpus relief, and appellant has appealed the denial of this relief 

in Cause No. 14-15-00766-CR in this court. 

After the trial court denied appellant’s request for habeas-corpus relief in trial 

court cause number 1453912, appellant pleaded guilty in trial court cause number 

1439251 and in trial court cause number 1375416. Before pronouncing sentence, the 

trial court asked appellant if there was any legal reason why sentence should not be 

imposed in either of the two cases. At that time, defense counsel asked the trial court 

to take judicial notice of cause number 1453912, in which appellant had sought 

habeas-corpus relief and stated that appellant would “reurge those objections at this 

time.” The trial court took judicial notice of the contents of its file in cause number 

1453912 and overruled appellant’s objections. Appellant also asserted an objection 

under the Equal Protection Clause of the Fourteenth Amendment to the United States 

Constitution, which the trial court overruled.

The trial court pronounced sentence in each of the criminal cases and signed 

judgments of conviction. In each case, the trial court certified that the case was a pleabargain case, but that matters were raised by written motion filed and ruled on before 

trial, and not withdrawn or waived, and that appellant has the right of appeal. 

Appellant filed notices of appeal in each case, and these appeals are pending in 

this court in Cause Nos. 14-15-00854-CR and 14-15-00855-CR. In 14-15-00854-CR,

appellant has not challenged his conviction in trial court cause number 1375416 for 

failure to comply with a sex-offender registration requirement. In trial court cause 

number 1375416, the trial court certified that the case was a plea-bargain case, but that 

matters were raised by written motion filed and ruled on before trial, and not 

withdrawn or waived, and that appellant has the right of appeal. Appellant’s request 

for habeas-corpus relief in trial court cause number 1453912 was not a written motion 

filed and ruled on before trial within the meaning of Texas Rule of Appellate 
Procedure 25.2(a)(2). See Tex. R. App. P. 25.2; Greenwell v. Court of Appeals for the 

Thirteenth Judicial Dist., 159 S.W.3d 645, 649–50 (Tex. Crim. App. 2005); Green v. 

State, 999 S.W.2d 474, 476–77 (Tex. App.—Fort Worth 1999, pet. ref’d). Appellant’s 

objections in open court before pronouncement of sentence were not a written motion 

that was filed in the trial court and therefore these objections were not a written motion 

filed and ruled on before trial within the meaning of Texas Rule of Appellate 

Procedure 25.2(a)(2). See Tex. R. App. P. 25.2. The record does not reflect that, in 

trial court cause number 1375416, matters were raised by written motion filed and 

ruled on before trial, and not withdrawn or waived. Therefore, the trial court’s 

certification is not supported by the record. 

In 14-15-00855-CR, appellant has challenged his conviction in trial court cause 

number 1439251. In that case, the trial court certified that the case was a plea-bargain 

case, but that matters were raised by written motion filed and ruled on before trial, and 

not withdrawn or waived, and that appellant has the right of appeal. Appellant’s 

request for habeas-corpus relief in trial court cause number 1453912 was not a written 

motion filed and ruled on before trial within the meaning of Texas Rule of Appellate 

Procedure 25.2(a)(2). See Tex. R. App. P. 25.2; Greenwell, 159 S.W.3d at 649–50; 

Green, 999 S.W.2d at 476–77. Appellant’s objections in open court before 

pronouncement of sentence were not a written motion that was filed in the trial court 

and therefore these objections were not written motions filed and ruled on before trial 

within the meaning of Texas Rule of Appellate Procedure 25.2(a)(2). See Tex. R. 

App. P. 25.2. It is not clear from our record whether the trial court intended to grant 

appellant permission to appeal.

Accordingly, we ORDER these two appeals ABATED and direct the trial court

to file amended Rule 25.2(a)(2) certifications in cause numbers 1375416 and 

1439251. By amending the Rule 25.2(a)(2) certifications, the trial court can reflect 

whether the trial court has given appellant permission to appeal in either or both of 
these plea-bargain cases. The trial court’s amended certifications for each cause are

to be included in supplemental clerk’s records and transmitted to this court no later 

than May 11, 2016. The appeals will be reinstated when the supplemental clerk’s

records have been filed. This court may reinstate the appeals on the motion of any

party or on its own motion.

It is so ORDERED.

PER CURIAM