Ex Parte Daniel Scott Peirsol v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00637-CR

Ex parte Daniel Scott Peirsol

FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 26-0130-K368

THE HONORABLE SARAH SOELDNER BRUCHMILLER, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM Appellant Daniel Scott Peirsol seeks to appeal the district court’s denial of his pretrial application for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.08. The district court’s docket sheet reflects that the court denied the application following a hearing. However, the clerk’s record does not contain a signed, written order to that effect. Indeed, at the hearing on the application, the district court offered the parties a choice between “reset[ting the case] for another date for me to do my ruling on the record” and “mak[ing] a docket entry regarding my ruling and you-all can be notified.” Both parties expressed a preference for the court to make a docket entry.

“A written and signed appealable order is a prerequisite to invoking this Court’s appellate jurisdiction.” Dewalt v. State, 417 S.W.3d 678, 685 n.32 (Tex. App.—Austin 2013, pet. ref’d); see Tex. R. App. P. 26.2(a)(1); State v. Rosenbaum, 818 S.W.2d 398, 402 (Tex. Crim. App. 1991). The lack of a signed, written order is, however, curable: we treat the notice of appeal as

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prematurely filed, abate the appeal, and remand the case to the district court for preparation of an appealable order. Dewalt, 417 S.W.3d at 685 n.32 (citing Tex. R. App. P. 27.1(b); Ex parte Crenshaw, 25 S.W.3d 761, 764 (Tex. App.—Houston [1st Dist.] 2000, pet. ref’d); State v. Rollins, 4 S.W.3d 453, 454 & n.1 (Tex. App.—Austin 1999, no pet.)).

As well as a signed order, the record also lacks the district court’s certification of appellant’s right of appeal. See Tex. R. App. P. 25.2(a)(2) (requiring trial court to enter certification of defendant’s right of appeal “each time it enters a judgment of guilt or other appealable order”), (d) (requiring record to contain trial court’s certification); see also Vasquez v. State, Nos. 03-13-00717-CR, 03-13-00718-CR, 2014 WL 3732962, at *1 n.2 (Tex. App.— Austin July 25, 2014, no pet.) (mem. op., not designated for publication) (agreeing that courts of appeals have “jurisdiction over denials of applications for writs of habeas corpus asserting that the amount of bail set was excessive”).

Accordingly, we abate this appeal and remand the cause to the trial court for entry of a signed, written order on appellant’s pretrial habeas application and a certification of appellant’s right of appeal. See Tex. R. App. P. 44.4(b). A supplemental clerk’s record containing the signed order and certification shall be prepared and filed with this Court no later than September 17, 2026.

Before Justices Triana, Crump, and Ellis Abated and Remanded Filed: August 25, 2026 Do Not Publish