Terry Roberts v. State ( 2014 )


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  •                                 IN THE
    TENTH COURT OF APPEALS
    No. 10-14-00144-CR
    No. 10-14-00145-CR
    No. 10-14-00146-CR
    TERRY ROBERTS,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    From the 278th District Court
    Walker County, Texas
    Trial Court Nos. 26,653, 26,655 and 26,657
    MEMORANDUM OPINION
    In these three causes, Appellant Terry Roberts appeals the denial of his pretrial
    writ of habeas corpus. In the Clerk of the Court’s June 24, 2014 letter, Roberts was
    warned that the Court would dismiss his appeals because there is no appealable order
    or judgment in the record unless, within fourteen days after the date of the letter,
    Roberts showed grounds for continuing the appeals. Roberts has not responded to the
    Clerk of the Court’s June 24, 2014 letter.
    This Court has jurisdiction to consider appeals from a judgment or order in a
    habeas corpus proceeding. See TEX. R. APP. P. 31.1. But a docket sheet entry is neither a
    judgment nor an order. In re Bill Heard Chevrolet, Ltd., 
    209 S.W.3d 311
    , 315 (Tex. App.—
    Houston [1st Dist.] 2006) (orig. proceeding) (holding that docket sheet entry does not
    ordinarily form part of record that can be considered on appeal and cannot take place of
    written judgment or order). Likewise, an oral ruling does not constitute the “ent[ry of]
    an appealable order” for the purposes of perfecting appeal. See TEX. R. APP. P. 26.2(a)(1)
    (providing that appellant must file a notice of appeal “within 30 days … after the day
    the trial court enters an appealable order”); State ex rel. Sutton v. Bage, 
    822 S.W.2d 55
    , 56-
    57 (Tex. Crim. App. 1992) (interpreting phrase “entered by the court” as meaning
    signing of order by trial judge).
    Although there is a docket sheet entry in these cases that Roberts’s pro se writ of
    habeas corpus was denied, the record in this case contains no written signed order by
    the trial court. There is, therefore, no appealable order or judgment in the record. We
    thus lack jurisdiction and dismiss Roberts’s appeals.
    REX D. DAVIS
    Justice
    Roberts v. State                                                                        Page 2
    Before Chief Justice Gray,
    Justice Davis, and
    Justice Scoggins
    Appeal dismissed
    Opinion delivered and filed July 24, 2014
    Do not publish
    [CR25]
    Roberts v. State                            Page 3
    

Document Info

Docket Number: 10-14-00144-CR

Filed Date: 7/24/2014

Precedential Status: Precedential

Modified Date: 10/16/2015