Ex Parte Jorge A. Garcia

• Court: Court of Appeals of Texas
• Decided: December 1, 2014
• Docket: 04-14-00809-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas December 1, 2014

No. 04-14-00809-CR

Ex Parte George GARCIA, Appellant

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2000CR5603W The Honorable Andrew Wyatt Carruthers, Judge Presiding

ORDER

In this accelerated appeal, Jorge A. Garcia appeals the trial court’s denial of his request for habeas corpus relief. Appellant filed a post-conviction application for writ of habeas corpus; the trial court issued the writ, conducted a hearing on the merits, and orally denied relief. A docket sheet entry memorializes the trial court’s oral pronouncement, but the record does not contain a signed, written order denying relief. A docket sheet entry is insufficient to invoke this court’s jurisdiction. Shaw v. State, 4 S.W.3d 875, 878 (Tex. App.—Dallas 1999, no pet.) (“A docket sheet entry cannot stand as an order.”); Ex parte Wiley, 949 S.W.2d 3, 4 (Tex. App.—Fort Worth 1996, no pet.) (“No written order was signed and entered. The trial court made an oral pronouncement and a docket entry. These actions do not comprise an appealable ‘written order.’”); see also In re Beck, 26 S.W.3d 553, 555 (Tex. App.—Dallas 2000) (“We encourage the bench to enter signed written orders and judgments.”), overruled on other grounds sub nom. State ex rel. Hill v. Court of Appeals for the Fifth Circuit, 34 S.W.3d 924 (Tex. Crim. App. 2001). Further, this court must dismiss the appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). Thus, we ABATE this appeal and REMAND the cause to the trial court for Appellant to • secure a signed, written order from the trial court; • obtain a trial court certification of Appellant’s right to appeal; and • direct the trial court clerk to file a supplemental record containing the order and certification, see TEX. R. APP. P. 34.5(c)(1). If a supplemental clerk’s record containing (1) a signed, written order and (2) a certification of Appellant’s right to appeal is not filed within TWENTY DAYS of the date of this order, this appeal will be dismissed for want of jurisdiction. See id. R. 25.2(d), 43.2(f); Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008) (reiterating that the right to appeal under article 44.02 is limited to appeal from a final judgment). All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of December, 2014.

___________________________________ Keith E. Hottle Clerk of Court