Ex Parte Alex Perez

Court of Appeals of Texas·Decided September 9, 2014·No. 14-13-01048-CR·Published

Opinion

Dismissed and Memorandum Opinion filed September 9, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-01048-CR

EX PARTE ALEX PEREZ

On Appeal from the 177th District Court Harris County, Texas Trial Court Cause No. 773315-A

MEMORANDUM OPINION

Appellant, Alex Perez, is attempting to appeal the denial of his post- conviction application for writ of habeas corpus. The record does not contain a signed, written order denying the application. The reporter’s record includes an oral ruling on October 31, 2013 denying the application, and the docket sheet indicates the application was denied on that date. However, docket entries may not take the place of a separate order, and a trial court’s oral pronouncement is not appealable until a written order is signed. See State v. Sanavongxay, 407 S.W.3d 252, 258–59 (Tex. Crim. App. 2012); Ex parte Wiley, 949 S.W.2d 3, 4 (Tex. App.—Fort Worth 1996, no pet.) (citing State v. Kibler, 874 S.W.2d 330, 332 (Tex. App.—Forth Worth 1994, no pet.)). Because there is no appealable order, we dismiss the appeal for want of jurisdiction. See Sanavongxay, 407 S.W.3d at 259; State v. Cox, 235 S.W.3d 283, 285 (Tex. App.—Fort Worth 2007, no pet.).

/s/ John Donovan Justice

Panel consists of Chief Justice Frost and Justices Donovan and Brown. Do Not Publish — Tex. R. App. P. 47.2(b).

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Related

State v. Cox
235 S.W.3d 283 (Court of Appeals of Texas, 2007)
Ex Parte Wiley
949 S.W.2d 3 (Court of Appeals of Texas, 1996)
State v. Kibler
874 S.W.2d 330 (Court of Appeals of Texas, 1994)
State of Texas v. Sanavongxay, Soutchay
407 S.W.3d 252 (Court of Criminal Appeals of Texas, 2012)