Ex Parte Andreas Jensen

Court of Appeals of Texas·Decided December 11, 2019·No. 10-19-00431-CR·Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-19-00430-CR

No. 10-19-00431-CR

EX PARTE ANDREAS JENSEN

From the 272nd District Court Brazos County, Texas

Trial Court Nos. 11-00928-CRF-272;

11-00843-CRM-272

MEMORANDUM OPINION

The State attempts to appeal the trial court’s decision to grant Andreas Jensen’s petition for writ of habeas corpus in these proceedings. Because the “order” complained of is an unsigned docket entry, there is no final order to be appealed. See State v. Rosenbaum, 818 S.W.2d 398, 403 (Tex. Crim. App. 1991) (“the appellate timetable for the State under Art. 44.01(d) begins running from the date the trial judge signs his or her order….”); see also Stark v. Miller, 63 Tex. 164 (1885) (entries made by a trial judge on his docket form no part of the record).

Accordingly, these appeals are dismissed for want of jurisdiction without prejudice to the State filing new notices of appeal when a written order is signed.

TOM GRAY

Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Appeals dismissed Opinion delivered and filed December 11, 2019 Do not publish [OT06]

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Related

State v. Rosenbaum
818 S.W.2d 398 (Court of Criminal Appeals of Texas, 1991)
Stark v. Miller
63 Tex. 164 (Texas Supreme Court, 1885)