Ex Parte Marcus Tyrone Grant v. the State of Texas

Opinion

Opinion issued May 29, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00049-CR NO. 01-25-00050-CR NO. 01-25-00051-CR NO. 01-25-00052-CR ——————————— EX PARTE MARCUS TYRONE GRANT

On Appeal from the 506th District Court Waller County, Texas Trial Court Case Nos. 24-08-19233, 24-08-19271, 24-10-19288, and 24-10-10289

MEMORANDUM OPINION Appellant Marcus Tyrone Grant, proceeding pro se, is attempting to appeal

from the trial court’s oral denial of his applications for writ of habeas corpus for

reduction of bail. We dismiss.

The clerk’s records contain no written ruling on the applications. On February

27, 2025, the Court directed the trial court clerk to supplement the records with the

trial court’s orders denying appellant’s applications for writ of habeas corpus in these

four trial court cases. The trial court clerk filed a supplemental clerk’s record on

April 9, 2025, stating that no written orders were in the file and that the trial court

ruling was oral. The reporter’s record from the hearing held on January 15, 2025

contains the trial court’s oral denial of appellant’s applications for writ of habeas

corpus.

A court has jurisdiction to determine whether it has jurisdiction. See Olivo v.

State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). An appellant has the right to

appeal from the denial of his application for writ of habeas corpus when the trial

court enters an appealable order. See State v. Lara, 924 S.W.2d 198, 203 (Tex.

App.—Corpus Christi-Edinburg 1996, no pet.); Ex parte Matthews, 452 S.W.3d 8,

12–13 (Tex. App.—San Antonio 2014, no pet.); TEX. R. APP. P. 26.2. The trial court

enters an appealable order when it signs a written order. See State v. Sanavongxay,

407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (requiring written order for State’s

appeal); State ex rel. Sutton v. Bage, 822 S.W.2d 55, 57 (Tex. Crim. App. 1992)

2 (orig. proceeding) (holding that order “entered by the court” means written order of

trial court). Absent a written, appealable order, this Court lacks jurisdiction over

these appeals. See Rodarte v. State, 860 S.W.2d 108, 109 (Tex. Crim. App. 1993);

Henderson v. State, 153 S.W.3d 735, 735–36 (Tex. App.—Dallas 2005, no pet.).

When we lack jurisdiction, we must dismiss the attempted appeal. See In re Garcia,

363 S.W.3d 819, 821 (Tex. App.—Austin 2012, no pet.).

Because the clerk’s records contain no appealable, written orders in these four

cases, we dismiss the appeals for lack of jurisdiction. Any pending motions are

dismissed as moot.

Panel consists of Justices Guerra, Gunn, and Dokupil.

Do not publish. TEX. R. APP. P. 47.2(b).