Ex Parte Jesse Ruiz v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 18, 2024
• Docket: 03-24-00604-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00604-CR

Ex parte Jesse Ruiz

FROM THE 403RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-23-300413, BRANDY MUELLER, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Jesse Ruiz has filed a notice of appeal from the trial court’s purported

denial of his application for writ of habeas corpus. The record before us contains neither a

signed written order on Ruiz’s application nor the necessary certification of his 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 include trial court’s certification). On October 11, 2024, we requested that the trial court clerk

file a supplemental clerk’s record containing both the order and certification. Although a

supplemental clerk’s record was filed on October 14, it contained neither document.

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); Ortiz v. State, 299 S.W.3d 930, 933 (Tex. App.—Amarillo 2009, no pet.); State

v. Cox, 235 S.W.3d 283, 285 (Tex. App.—Fort Worth 2007, no pet.).

The lack of a signed written order is, however, curable: we treat the notice of

appeal as prematurely filed, abate the appeal, and remand the case to the trial court for

preparation of an appealable order. Dewalt, 417 S.W.3d at 685 n.32 (citing Tex. R. App. P.

27.1(b); State v. Rollins, 4 S.W.3d 453, 454 & n.1 (Tex. App.—Austin 1999, no pet.)).

Accordingly, we abate this appeal and remand the cause to the trial court for entry

of a signed written order on appellant’s application for writ of habeas corpus as well as entry of a

certification of his right of appeal. See Tex. R. App. P. 44.4(b) (requiring appellate court to

direct trial court to correct remediable error that prevents proper presentation of appeal). A

supplemental clerk’s record containing the signed order and certification shall be prepared and

filed with this Court no later than October 30, 2024. See Tex. R. App. P. 34.5(c)(2).

Before Justices Baker, Smith, and Theofanis

Abated and Remanded

Filed: October 18, 2024

Do Not Publish