Opinion
05-21-00488-CR
09-16-2021
EX PARTE ROOSEVELT DANYEL RIDER
Do Not Publish TEX. R. APP. P. 47.2(B)
On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 20-5097-422
Before Justices Myers, Partida-Kipness, and Carlyle
MEMORANDUM OPINION
LANA MYERS, JUSTICE
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.
JUDGMENT
Based on the Court's opinion of this date, the appeal is DISMISSED.
Judgment entered this 16th day of September, 2021.