Ex Parte: Robert Yezak ( 2022 )

DISMISSED and Opinion Filed December 2, 2022
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00934-CR
EX PARTE ROBERT YEZAK
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-83236-2019
MEMORANDUM OPINION
Before Justices Molberg, Partida-Kipness, and Carlyle
Opinion by Justice Carlyle
Robert Yezak filed a pro se notice of appeal seeking to appeal the trial court’s
“nonruling” on his pro se pretrial application for writ of habeas corpus. Appellant
has also filed several pro se motions.
The clerk’s record filed in this appeal shows appellant is represented by
counsel in the trial court proceedings below. The clerk’s record does not contain a
written order showing the trial court has ruled on appellant’s pro se habeas
application. A review of the trial court’s online docket sheet, publicly available via
the Collin County District Clerk’s website, does not show any order ruling on the
habeas application. See In re Johnson, 599 S.W.3d 311, 311 & n.1 (Tex. App.—
Dallas 2020, orig. proceeding) (appellate court may take judicial notice of online
docket sheet when determining jurisdiction).
The trial court is not obligated to rule on matters filed pro se by a defendant
who is represented by counsel. See Robinson v. State, 240 S.W.3d 919, 922 (Tex.
Crim. App. 2007). In this case, the record shows the trial court has not ruled on
appellant’s pro se pretrial application for writ of habeas corpus.
We have no jurisdiction to entertain an appeal unless the trial court has entered
a judgment or appealable order. See TEX. R. APP. P. 26.2(a)(1); State v. Sanavongxay,
407 S.W.3d 252, 259 (Tex. Crim. App. 2012); Henderson v. State, 153 S.W.3d 735,
735–36 (Tex. App.—Dallas 2005, no pet.). Because the record in this case shows the
trial court has taken no action on appellant’s pro se writ application and has not
signed an appealable order, we have no jurisdiction to consider appellant’s appeal.
See Sanavongxay, 407 S.W.3d at 259; Robinson, 240 S.W.3d at 922; Henderson, 153
S.W.3d at 735–36.
We deny appellant’s pro se motions and dismiss the appeal for want of
jurisdiction.
/Cory L. Carlyle//
220934f.u05 CORY L. CARLYLE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EX PARTE ROBERT YEZAK On Appeal from the 199th Judicial
District Court, Collin County, Texas
No. 05-22-00934-CR Trial Court Cause No. 199-83236-
2019.
Opinion delivered by Justice Carlyle.
Justices Molberg and Partida-Kipness
participating.
Based on the Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered this 2nd day of December, 2022.
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