Roberts v. State

Full title: TERRY ROBERTS, Appellant v. THE STATE OF TEXAS, Appellee

Court: STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Jul 24, 2014

No. 10-14-00144-CR (Tex. App. Jul. 24, 2014)

Opinion

No. 10-14-00144-CR No. 10-14-00145-CR No. 10-14-00146-CR

07-24-2014

TERRY ROBERTS, Appellant v. THE STATE OF TEXAS, Appellee

REX D. DAVIS

From the 278th District Court

Walker County, Texas

Trial Court Nos. 26,653, 26,655 and 26,657

MEMORANDUM OPINION

In these three causes, Appellant Terry Roberts appeals the denial of his pretrial writ of habeas corpus. In the Clerk of the Court's June 24, 2014 letter, Roberts was warned that the Court would dismiss his appeals because there is no appealable order or judgment in the record unless, within fourteen days after the date of the letter, Roberts showed grounds for continuing the appeals. Roberts has not responded to the Clerk of the Court's June 24, 2014 letter.

This Court has jurisdiction to consider appeals from a judgment or order in a habeas corpus proceeding. See TEX. R. APP. P. 31.1. But a docket sheet entry is neither a judgment nor an order. In re Bill Heard Chevrolet, Ltd., 209 S.W.3d 311, 315 (Tex. App.—Houston [1st Dist.] 2006) (orig. proceeding) (holding that docket sheet entry does not ordinarily form part of record that can be considered on appeal and cannot take place of written judgment or order). Likewise, an oral ruling does not constitute the "ent[ry of] an appealable order" for the purposes of perfecting appeal. See TEX. R. APP. P. 26.2(a)(1) (providing that appellant must file a notice of appeal "within 30 days ... after the day the trial court enters an appealable order"); State ex rel. Sutton v. Bage, 822 S.W.2d 55, 56-57 (Tex. Crim. App. 1992) (interpreting phrase "entered by the court" as meaning signing of order by trial judge).

Although there is a docket sheet entry in these cases that Roberts's pro se writ of habeas corpus was denied, the record in this case contains no written signed order by the trial court. There is, therefore, no appealable order or judgment in the record. We thus lack jurisdiction and dismiss Roberts's appeals.

REX D. DAVIS

Justice
Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Appeal dismissed
Do not publish
[CR25]