Shedrick Thornton v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 8, 2023
• Docket: 05-23-00830-CR
• Status: Published

Opinion

DISMISS and Opinion Filed November 8, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00830-CR

SHEDRICK THORNTON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. WX22-91179-H

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Reichek Shedrick Thornton appeals the trial court’s oral statement that limitations

barred his application for writ of habeas corpus under article 11.072 of the Texas

Code of Criminal Procedure. Appellant also contends the trial court erred by not

granting appellant’s application for writ of habeas corpus. We conclude we lack

jurisdiction over this appeal, and we dismiss the appeal.

Appellant was convicted on January 12, 2017, of violating a protective order

and sentenced to ten years’ imprisonment. The trial court suspended the sentence

and placed appellant on community supervision for ten years. On June 6, 2022, appellant filed his application for writ of habeas corpus under article 11.072. The

State filed a response to the application on November 14, 2022. However, as of the

date of this opinion, the trial court has not yet ruled on the application. Appellant

states in his notice of appeal that the trial court stated on August 8, 2023, “the statute

of limitations had expired for issuing a ruling in cause no. WX22-91179-H, and it is

a decision the Court of Appeals, Fifth District, Dallas would have to render.”

An appellant has the right to appeal when a trial court enters a “judgment of

guilt or other appealable order.” See TEX. R. APP. P. 25.2(a)(2), 26.2(a). The trial

court “enters” an appealable order by signing a written order. See State v.

Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (court of appeals has

no jurisdiction over State’s appeal until there is signed written order); State ex rel.

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

(determining that trial court has not entered order justifying appeal until written

order is signed); see also Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App.

1993) (defendant’s timetable for filing notice of appeal from adverse habeas decision

begins when appealable order signed).

In this case, the appellate record does not show that the trial court has signed

an appealable order. There is no signed, written order denying appellant’s

application for writ habeas corpus. Nor does the appellate record show that the trial

court stated the application was barred by limitations.

–2– We conclude we lack jurisdiction over this appeal. Accordingly, we dismiss

this appeal for want of jurisdiction.

/Amanda L. Reichek/ AMANDA L. REICHEK Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

230830F.U05

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

SHEDRICK THORNTON, On Appeal from the Criminal District Appellant Court No. 1, Dallas County, Texas Trial Court Cause No. WX22-91179- No. 05-23-00830-CR V. H. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Reichek. Justices Molberg and Smith participating.

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

Judgment entered this 8th day of November 2023.

–4–