Ex Parte: Robert Yezak

• Court: Court of Appeals of Texas
• Decided: December 2, 2022
• Docket: 05-22-00934-CR
• Status: Published

Opinion

DISMISSED and Opinion Filed December 2, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00934-CR

EX PARTE ROBERT YEZAK

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-83236-2019

MEMORANDUM OPINION Before Justices Molberg, Partida-Kipness, and Carlyle Opinion by Justice Carlyle Robert Yezak filed a pro se notice of appeal seeking to appeal the trial court’s

“nonruling” on his pro se pretrial application for writ of habeas corpus. Appellant

has also filed several pro se motions.

The clerk’s record filed in this appeal shows appellant is represented by

counsel in the trial court proceedings below. The clerk’s record does not contain a

written order showing the trial court has ruled on appellant’s pro se habeas

application. A review of the trial court’s online docket sheet, publicly available via

the Collin County District Clerk’s website, does not show any order ruling on the

habeas application. See In re Johnson, 599 S.W.3d 311, 311 & n.1 (Tex. App.— Dallas 2020, orig. proceeding) (appellate court may take judicial notice of online

docket sheet when determining jurisdiction).

The trial court is not obligated to rule on matters filed pro se by a defendant

who is represented by counsel. See Robinson v. State, 240 S.W.3d 919, 922 (Tex.

Crim. App. 2007). In this case, the record shows the trial court has not ruled on

appellant’s pro se pretrial application for writ of habeas corpus.

We have no jurisdiction to entertain an appeal unless the trial court has entered

a judgment or appealable order. See TEX. R. APP. P. 26.2(a)(1); State v. Sanavongxay,

407 S.W.3d 252, 259 (Tex. Crim. App. 2012); Henderson v. State, 153 S.W.3d 735,

735–36 (Tex. App.—Dallas 2005, no pet.). Because the record in this case shows the

trial court has taken no action on appellant’s pro se writ application and has not

signed an appealable order, we have no jurisdiction to consider appellant’s appeal.

See Sanavongxay, 407 S.W.3d at 259; Robinson, 240 S.W.3d at 922; Henderson, 153

S.W.3d at 735–36.

We deny appellant’s pro se motions and dismiss the appeal for want of

jurisdiction.

/Cory L. Carlyle// 220934f.u05 CORY L. CARLYLE JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b)

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EX PARTE ROBERT YEZAK On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-22-00934-CR Trial Court Cause No. 199-83236- 2019. Opinion delivered by Justice Carlyle. Justices Molberg and Partida-Kipness participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 2nd day of December, 2022.

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