Ex Parte: Raghavendra Chanagond v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 17, 2023
• Docket: 05-23-00029-CR
• Status: Published

Opinion

Order entered January 17, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-23-00029-CR

EX PARTE RAGHAVENDRA CHANAGOND

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-85405-2021

ORDER

The Court has received appellant’s notice of appeal challenging the trial

court’s ruling denying relief on his pretrial application for writ of habeas corpus.

This is an accelerated appeal governed by Texas Rule of Appellate Procedure 31.

We note that the district clerk filed with appellant’s notice of appeal an

appeal schedule and a copy of the trial court’s docket sheet, both suggesting that no

written order denying relief on appellant’s writ application has been signed. Absent

a written order denying relief, this Court does not have jurisdiction to review this

appeal. See TEX. R. APP. P. 26.2(a)(1); State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012); Ex parte Evans, 611 S.W.3d 86, 88 (Tex. App.—Waco

2020, no pet.).

If no written order is filed with the clerk’s record, we will consider

dismissing the appeal for want of jurisdiction unless appellant files, within

FOURTEEN DAYS of the date the clerk’s record is filed, a jurisdictional letter

brief explaining the basis for the Court’s jurisdiction over the appeal. If appellant

files a jurisdictional letter brief, the State shall have FOURTEEN DAYS to file a

response. Thereafter, the Court will determine whether it has jurisdiction to

proceed and notify the parties accordingly.

We ORDER the trial court to prepare a certification of appellant’s right to

appeal and to file it with the clerk’s record.

We ORDER the Collin County District Clerk to file the clerk’s record

by February 2, 2023. We ORDER that the clerk’s record contain copies of the

application for writ of habeas corpus, any response to the writ application filed by

the State, any other documents related to the writ application, the trial court’s

written order ruling on the writ application (if any), any findings of fact on the writ

application that the trial court has entered, the trial court’s certification of the right

to appeal, and any other documents filed with the clerk that the parties request.

We ORDER Official Court Reporter Jacqueline Kimbrough to file, or

coordinate the filing of, the reporter’s record of the hearing on the writ application.

–2– The reporter’s record shall be due by February 2, 2023. If the trial court denied

relief without conducting a hearing, or if the reporter’s record is unavailable for

filing for other reasons, such as a failure to request or pay for the reporter’s record,

we ORDER Ms. Kimbrough to file a letter with the Court by February 2, 2023,

stating why no reporter’s record has been filed.

We ORDER appellant to file his brief by February 24, 2023. We

ORDER the State to file its brief by March 17, 2023. After the record and briefs

have been filed, the Court will notify the parties of the submission date and panel.

We DIRECT the Clerk to send copies of this order to the Honorable Angela

Tucker, Presiding Judge, 199th Judicial District Court; Jacqueline Kimbrough,

official court reporter, 199th Judicial District Court; Michael Gould, Collin

County District Clerk; and counsel for the parties.

/s/ BILL PEDERSEN, III JUSTICE

–3–