Ex Parte Otto Ray Kietzman

• Court: Court of Appeals of Texas
• Decided: February 24, 2014
• Docket: 04-14-00106-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas February 24, 2014

No. 04-14-00106-CR

EX PARTE Otto Ray KIETZMAN,

From the Criminal District Court, Magistrate Court, Bexar County, Texas Trial Court No. 2013W0631 Honorable Andrew Carruthers, Judge Presiding

ORDER The clerk’s record in this appeal has been filed. The record reflects that on January 10, 2014, appellant filed in the trial court a petition for writ of habeas corpus. On February 13, 2014, appellant filed a notice of appeal, complaining that the trial court had not held a hearing on his petition. Indeed, there is no final order signed by the trial court in the clerk’s record. It thus appears that this appeal is interlocutory and that we have no jurisdiction over this appeal. See Williams v. State, 464 S.W.2d 842, 844 (Tex. Crim. App. 1971); Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991).

We therefore ORDER appellant to show cause on or before March 10, 2014 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending further order of this Court.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of February, 2014.

___________________________________ Keith E. Hottle Clerk of Court