Ex Parte Jorge A. Garcia ( 2014 )


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  •                             Fourth Court of Appeals
    San Antonio, Texas
    December 1, 2014
    No. 04-14-00809-CR
    Ex Parte George GARCIA,
    Appellant
    From the 144th Judicial District Court, Bexar County, Texas
    Trial Court No. 2000CR5603W
    The Honorable Andrew Wyatt Carruthers, Judge Presiding
    ORDER
    In this accelerated appeal, Jorge A. Garcia appeals the trial court’s denial of his request
    for habeas corpus relief. Appellant filed a post-conviction application for writ of habeas corpus;
    the trial court issued the writ, conducted a hearing on the merits, and orally denied relief. A
    docket sheet entry memorializes the trial court’s oral pronouncement, but the record does not
    contain a signed, written order denying relief.
    A docket sheet entry is insufficient to invoke this court’s jurisdiction. Shaw v. State, 
    4 S.W.3d 875
    , 878 (Tex. App.—Dallas 1999, no pet.) (“A docket sheet entry cannot stand as an
    order.”); Ex parte Wiley, 
    949 S.W.2d 3
    , 4 (Tex. App.—Fort Worth 1996, no pet.) (“No written
    order was signed and entered. The trial court made an oral pronouncement and a docket entry.
    These actions do not comprise an appealable ‘written order.’”); see also In re Beck, 
    26 S.W.3d 553
    , 555 (Tex. App.—Dallas 2000) (“We encourage the bench to enter signed written orders and
    judgments.”), overruled on other grounds sub nom. State ex rel. Hill v. Court of Appeals for the
    Fifth Circuit, 
    34 S.W.3d 924
    (Tex. Crim. App. 2001).
    Further, this court must dismiss the appeal “if a certification that shows the defendant has
    a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P.
    25.2(d); see Chavez v. State, 
    183 S.W.3d 675
    , 680 (Tex. Crim. App. 2006).
    Thus, we ABATE this appeal and REMAND the cause to the trial court for Appellant to
    •   secure a signed, written order from the trial court;
    •   obtain a trial court certification of Appellant’s right to appeal; and
    •   direct the trial court clerk to file a supplemental record containing the order and
    certification, see TEX. R. APP. P. 34.5(c)(1).
    If a supplemental clerk’s record containing (1) a signed, written order and (2) a
    certification of Appellant’s right to appeal is not filed within TWENTY DAYS of the date of this
    order, this appeal will be dismissed for want of jurisdiction. See 
    id. R. 25.2(d),
    43.2(f); Abbott v.
    State, 
    271 S.W.3d 694
    , 697 (Tex. Crim. App. 2008) (reiterating that the right to appeal under
    article 44.02 is limited to appeal from a final judgment).
    All other appellate deadlines are SUSPENDED pending further order of this court.
    _________________________________
    Patricia O. Alvarez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 1st day of December, 2014.
    ___________________________________
    Keith E. Hottle
    Clerk of Court