Ex Parte: Roosevelt Danyel Rider

• Court: Court of Appeals of Texas
• Decided: September 16, 2021
• Docket: 05-21-00488-CR
• Status: Published

Opinion

DISMISS and Opinion Filed September 16, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00488-CR

EX PARTE ROOSEVELT DANYEL RIDER

On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 20-5097-422

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Carlyle Opinion by Justice Myers Roosevelt Danyel Rider appeals the trial court’s oral ruling that denied relief

on his pretrial application for writ of habeas corpus filed pursuant to article 11.08 of

the Texas Code of Criminal Procedure. In his habeas application, appellant

contended he was being illegally confined under an invalid murder charge because

someone, other than appellant, shot the victim while defending a third party.

According to the record, the trial court held hearings on the writ application

on April 7, 2021, May 12, 2021, and June 2, 2021 after which it orally denied relief.

There is not, however, a written order denying relief.

Appellant has the right to appeal the trial court’s habeas decision when the

trial court enters an appealable order. See TEX. R. APP. P. 25.2(a)(2), 26.2(a). The trial court enters an appealable order when it signs a written order. See State ex rel.

Sutton v. Bage, 822 S.W.2d 55, 57 (Tex. Crim. App. 1992) (orig. proceeding)

(determining that phrase “entered by the court” encompasses signing of written order

by trial court); see also State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App.

2012) (requiring a written order for State’s appeal).

Because the trial court has not entered an appealable order in the habeas

proceeding, appellant’s notice of appeal does not confer jurisdiction upon the Court.

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.); Ex parte Evans,

611 S.W.3d 86, 88 (Tex. App.—Waco 2020, no pet.).

On June 30, 2021, the Court transmitted a letter to appellant’s counsel

expressing the Court’s concerns about its jurisdiction over this case. The letter

notified appellant that on or after July 21, 2021, the Court would consider dismissing

this appeal unless, by that date, either (1) a supplemental clerk’s record was filed

showing the trial court has entered a final order on appellant’s application for writ

of habeas corpus, or (2) appellant filed a letter brief explaining the basis for the

Court’s jurisdiction. To date, the Court has received neither a supplemental clerk’s

record showing a final order has been entered nor a letter brief explaining the basis

for the Court’s jurisdiction.

Concluding we lack jurisdiction, we dismiss the appeal.

–2– /Lana Myers// LANA MYERS JUSTICE

210488f.u05

Do Not Publish TEX. R. APP. P. 47.2(b)

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

EX PARTE ROOSEVELT On Appeal from the 422nd Judicial DANYEL RIDER District Court, Kaufman County, Texas No. 05-21-00488-CR Trial Court Cause No. 20-5097-422. Opinion delivered by Justice Myers. Justices Partida-Kipness and Carlyle participating.

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

Judgment entered this 16th day of September, 2021.

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