TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Ex parte Tony Ramirez
FROM THE 460TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-19-207142-A, THE HONORABLE SELENA ALVARENGA, JUDGE PRESIDING
DEC 28, 2021 | REPUBLISHED BY LIT: JAN 2, 2022
ORDER AND MEMORANDUM OPINION
PER CURIAM
Tony Ramirez seeks to appeal the trial court’s denial of his application for writ of habeas corpus in July 2021.
However, the clerk’s record does not contain the required trial court certification of Ramirez’s right of appeal pertaining to that ruling.
See Tex. R. App. P. 25.2(a)(2) (requiring trial court’s certification of defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”), (d) (requiring record to include trial court’s certification);
see also Ex parte Tarango, 116 S.W.3d 201, 203 (Tex. App.—El Paso 2003, no pet.) (explaining that “order denying habeas corpus relief is an appealable order within the meaning of Rule 25.2(a)(2)”).
Accordingly, this appeal is abated, and the trial court is directed to prepare and file its certification regarding Ramirez’s right of appeal as required by the 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 January 18, 2022. See id. R. 25.2(d), 34.5(c)(2).
It is ordered on December 28, 2021.
Before Justices Goodwin, Baker, and Smith
Abated
Filed: December 28, 2021
Do Not Publish
South Texas judge facing several election fraud charges
Ramirez is one of four people accused of engaging in organized election fraud
FEB 23, 2021 | REPUBLISHED BY LIT: FEB 25, 2021
SAN ANTONIO — A Medina County judge is out of jail and facing serious election fraud-related charges stemming from an unspecified incident.
Justice of the Peace Tomas Ramirez was taken into custody in Bandera County. He’s facing multiple charges, including 17 counts of unlawful possession of a ballot or ballot envelope.
Ramirez is one of four people accused of engaging in organized election fraud.
Authorities haven’t released details regarding how they believe a crime was committed, or what election may have been targeted.
KENS 5 reached out to Ramirez for comment, as well as to Medina County officials. Ramirez responded, “Thank you for reaching out but I am not able to comment at this time.”
Judge dismisses election fraud charges against Medina County Justice of the Peace
Attorney General Ken Paxton touted arrest against Republican official in news release
DEC 29, 2021 | REPUBLISHED BY LIT: JAN 20, 2022
Roughly 10 months after the Texas Attorney General’s Office touted the arrest of a Medina County Justice of the Peace, a judge agreed to dismiss those charges, court records showed.
Tomas Ramirez III, a Republican who was elected to the office in 2018, was charged with one count of engaging in organized election fraud, 17 counts of unlawful possession of a ballot or ballot envelope and 17 counts of unlawfully assisting voter voting by mail in February.
Shortly after his arrest, the Texas Attorney General’s Office included the case in a round-up of arrests in relation to election fraud. The office alleged that Ramirez was behind a vote harvesting scheme at assisted living centers in Medina County during the 2018 primary election.
Ramirez won that race by 74 votes, he wrote in a lengthy statement provided to KSAT 12 News, and went on to win unopposed in the general election.
The justice of the peace assumed office on Jan. 1, 2019, and was not arrested until Feb. 13, 2021.
“I knew I hadn’t done anything wrong or illegal,” Ramirez wrote.
Ramirez, who was suspended from his office pending the outcome of the case, said that he and his lawyers found a “gaping lack of evidence” in the case against him. He chalked up the arrest to Paxton’s efforts to find election fraud in the aftermath of the 2020 election.
On Dec. 21, a judge agreed with Ramirez’s defense attorneys and agreed to dismiss the case. Though Ramirez said the dismissal is a relief, he said the experience he went through could never be undone.
“I can never be fully free from the ramifications of Paxton’s decision to unjustly and maliciously prosecute me,” Ramirez wrote.
Ramirez has filed to run for reelection in the 2022 midterm. He will be facing three other candidates in the Republican primary.
Earlier this month, the Texas Court of Criminal Appeals issued an opinion that confirmed the attorney general cannot unilaterally prosecute election cases. Instead, the attorney general can only investigate a case when asked to by county and district attorneys.
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Michael Lawler
July 13, 2021 at 7:36 pm
If money is considered speech, why isn’t my vote? Money only buys allegiance, but I actually speak my mind with my vote!