Ex Parte Robert Joseph Yezak v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00459-CR

Ex parte Robert Joseph Yezak

FROM THE 27TH DISTRICT COURT OF BELL COUNTY NO. FR82355, THE HONORABLE DEBBIE GARRETT, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Robert Joseph Yezak, who is charged in the court below with the

offense of driving while intoxicated, has filed a notice of appeal from the district court’s denial

of his pretrial application for writ of habeas corpus. The district court’s docket sheet reflects that

the district court denied the application following a hearing. However, the clerk’s record does

not contain a signed written order to that effect, and the district clerk’s office has notified this

Court that no written order has been filed.

“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; see Tex. R. App. P.

26.2(a)(1); State v. Rosenbaum, 818 S.W.2d 398, 402 (Tex. Crim. App. 1991). In a case where

there has been an oral trial court ruling but no written order has been made, that jurisdictional

defect is 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.)).

Additionally, Yezak, who is indigent, has filed a motion to direct the clerk of this

Court to provide him with a copy of the clerk’s record. However, it is the trial court’s

responsibility to provide an indigent appellant with a copy of the record. See Tex. R. App. P. 20.2.

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

entry of a signed written order on Yezak’s application for writ of habeas corpus. 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). We further direct the district clerk’s office to provide

Yezak with a copy of the clerk’s record. 1 A supplemental clerk’s record containing the signed

order and written verification of the date and manner in which the clerk’s record was provided

shall be prepared and filed with this Court no later than September 2, 2025. See Tex. R. App. P.

34.5(c).

Before Justices Triana, Kelly, and Theofanis

Abated and Remanded

Filed: August 21, 2025

Do Not Publish

1 We dismiss as moot Yezak’s motion to have this Court provide him with a copy of the clerk’s record. 2