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Click here for the full text of this decision FACTS:Indicted for indecency with a child, Brian Ernst entered into a pretrial diversion agreement with the state, and the indictment was dismissed. A year later, the state filed notice of noncompliance, and Ernst was indicated again. Ernst moved to dismiss the indictment, arguing that he had substantially completed the requirements of the diversion agreement. No order or ruling on this motion was recorded. Ernst filed a pretrial application for writ of habeas corpus based on the same issue. Though a docket order reflects that the trial court denied relief the same day, there is no written order reflecting that ruling, or that the trial court made a ruling by the end of the same week, as it told Ernst it would. Ernst entered into a plea agreement, then filed a notice of appeal on May 8, 2002. The 13th Court of Appeals in Corpus Christi abated the appeal on July 21, 2003, and ordered the trial court to supplement the record with a certification of Ernst’s right of appeal. The trial court did so, indicating that Ernst had no right of appeal. The appeals court subsequently issued an order requiring the trial court to amend the certification to show that: 1. the case was a plea bargain case; 2. matters were properly raised by written motion and ruled on before trial; and 3. Ernst had a right of appeal. Under the court’s reasoning, Ernst’s motion to dismiss triggered his right of appeal, because the motion to dismiss was a written motion ruled upon before trial. The trial judge filed a petition for mandamus relief with this court. The trial court argues that the appeals court abused its discretion by ordering it to grant Ernst a right to appeal, because the trial court never ruled on Ernst’s motion to dismiss. HOLDING:Writ granted. The Court of Criminal Appeals explains that no one disputes that the trial court did not give permission to appeal. Therefore, the only question before the CCA is whether the court of appeals’ order to change the certification form to show that Ernst raised issues by written motion filed and ruled on before trial entitles the trial judge to mandamus relief. The CCA confirms that the trial court has demonstrated that it lacks an adequate remedy other than mandamus, as the purpose of the appeal-limitation in plea bargained cases would be frustrated here if the state could not appeal the appellate court’s ruling until after that court ruled on the merits of Ernst’s appeal. The court also confirms that the trial court has demonstrated that it has a clear and indisputable right to relief. “Because a habeas corpus action is separate from the underlying criminal prosecution, a ruling in [Ernst's] habeas action is not tantamount to a ruling on the same issue in a motion to dismiss in the criminal prosecution. Nor can a ruling in the habeas action, by itself, be a basis for an inference that the trial court made, in the criminal prosecution, a ruling not reflected in the record. Here, nothing in the record indicates that the trial court made a ruling, explicit or implicit, on the motion to dismiss. The court of appeals was indisputably . . . incorrect to hold otherwise.” OPINION:Sharon Keller, P.J., delivered the opinion of the unanimous court.

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