Ebby DeWayne Wade v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 14, 2023
• Docket: 05-23-00563-CR
• Status: Published

Opinion

Dismiss and Opinion Filed September 14, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00563-CR

EBBY DEWAYNE WADE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 073026

MEMORANDUM OPINION Before Justices Carlyle, Smith, and Kennedy Opinion by Justice Kennedy Ebby Dewayne Wade brings this appeal, but we lack jurisdiction because

there is no judgment or other appealable order in the record.

The clerk’s record filed July 21, 2023, shows appellant was indicted for

murder on February 22, 2021. On May 24, 2023, appellant filed his “Application

for a Writ of Habeas Corpus Seeking a Right to Proceed Pro Se and Bond

Reduction.” On June 5, 2023, appellant filed a notice of appeal stating the trial

court’s “denial, rejection and/or failure to conduct and hold the lawfully proper

Writ/Evidentiary hearing is in violation of” appellant’s constitutional and statutory rights. On July 19, 2023, the official court reporter for the 397th District Court

informed this Court that no hearings had been held regarding appellant’s

“complaint.” The record contains no ruling on appellant’s application for habeas

corpus.

On July 25, 2023, this Court sent appellant a letter notifying appellant that

absent a ruling by the trial court on the application for writ of habeas corpus, we had

no jurisdiction over this appeal. We requested appellant to file a letter brief by

August 14, 2023, addressing whether the trial court had signed an appealable order

in this case. Appellant has not responded to our letter.

We have no jurisdiction to entertain an appeal unless the trial court has entered

a judgment or appealable order. See TEX. R. APP. P. 25.2(b), 26.2(a)(1); State v.

Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012); Henderson v. State,

153 S.W.3d 735, 735–36 (Tex. App.—Dallas 2005, no pet.). Because appellant has

not identified any judgment or other appealable order before this Court, we conclude

we lack jurisdiction over this appeal. Accordingly, we dismiss this appeal for lack

of jurisdiction.

230563f.u05 Do Not Publish TEX. R. APP. P. 47.2(b) /Nancy E. Kennedy/ NANCY KENNEDY JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EBBY DEWAYNE WADE, On Appeal from the 397th Judicial Appellant District Court, Grayson County, Texas No. 05-23-00563-CR V. Trial Court Cause No. 073026. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Kennedy. Justices Carlyle and Smith participating.

Based on the Court’s opinion of this date, this appeal is DISMISSED for lack of jurisdiction.

Judgment entered this 14th day of September 2023.

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