Ex Parte Gustavo Garza

• Court: Court of Appeals of Texas
• Decided: September 23, 2020
• Docket: 04-20-00420-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas September 23, 2020

No. 04-20-00420-CR

EX PARTE GUSTAVO GARZA

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR3143 Honorable Andrew Wyatt Carruthers, Judge Presiding

ORDER

On August 19, 2020, appellant Gustavo Garza filed a notice of appeal stating his intent to appeal an order denying his Application for Writ of Habeas Corpus. The appellate record shows the trial court held a hearing on appellant’s application and orally denied him relief, but the record does not contain a signed, written order. A trial court’s oral announcement of its decision in open court is not final and appealable until the trial judge signs a written order. State v. Kibler, 874 S.W.2d 330, 332 (Tex. App.—Fort Worth 1994, no pet.). We therefore ORDER appellant to file in this court October 23, 2020, a response showing cause why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk’s record is required to establish this court’s jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of September, 2020. ___________________________________ Michael A. Cruz, Clerk of Court