Ex Parte: Louis James Brown, III ( 2020 )

DISMISSED; Opinion Filed November 30, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00829-CR
EX PARTE LOUIS JAMES BROWN, III
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-83597-2019
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Nowell
Opinion by Justice Nowell
Louis James Brown, III appeals the denial of his post-conviction application
for a bond pending appeal. Brown was charged with stalking and represented himself
at trial. After finding him guilty, the jury assessed punishment at nine years in prison.
Brown then timely filed a notice of appeal; that appeal is pending in cause number
05-20-00064-CR.
In August 2020, Brown filed a document entitled “Habeas Corpus/Motion for
Bail Pending Appeal” in which he complained of the trial court’s denial of his
request for an appeal bond. We treated the document as a notice of appeal of said
denial. After the clerk’s record was filed, we notified Brown by letter dated
September 24, 2020 that we had concerns regarding our jurisdiction. Specifically,
we noted that although the trial court docket sheet indicated the trial court denied
Brown’s motion for an appeal bond on August 18, 2020, the record did not contain
a final written order on his motion. We informed Brown we would dismiss this
appeal unless (1) a supplemental clerk’s record was filed with the trial court’s final
written order or (2) Brown filed a letter brief explaining the basis for the Court’s
jurisdiction. To date, no supplemental clerk’s record has been filed. And although
Brown filed a letter, he conceded that no order had been issued but asked the Court
to invoke our jurisdiction and consider his appeal nonetheless.
The rules of appellate procedure provide that a criminal defendant has the
right to appeal a judgment of guilt or other appealable order. See TEX. R. APP. P.
25.2(a)(2). To perfect an appeal, a notice of appeal must be timely filed after the trial
court enters an appealable order. See TEX. R. APP. P. 26.2(a)(1); State v. Rosenbaum,
818 S.W.2d 398, 402-03 (Tex. Crim. App. 1991) (time for filing appeal runs from
date trial judge signs appealable order). An “appealable order” is a signed, written
order. State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (order
must be written and signed); State v. Shaw, 4 S.W.3d 875, 877-78 (Tex. App.—
Dallas 1999, no pet.) (State’s appeal must be from signed written order). A docket
sheet entry is not an appealable order. See State v. Garza, 931 S.W.2d 560, 561-62
(Tex. Crim. App. 1996) (docket entry does not constitute “written order”); Shaw, 4
S.W.3d at 878 (same).
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Here, there is no written order denying Brown’s motion for an appeal bond.
Rather, there is only a notation on the trial court’s docket sheet. Absent a final written
order, this Court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.2(a)(2),
26.2(a); Sanavongxay, 407 S.W.3d at 259; Shaw, 4 S.W.3d at 878.
We dismiss this appeal.
/Erin A. Nowell/
ERIN A. NOWELL
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
200829F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EX PARTE LOUIS JAMES On Appeal from the 296th Judicial
BROWN, III District Court, Collin County, Texas
Trial Court Cause No. 296-83597-
No. 05-20-00829-CR 2019.
Opinion delivered by Justice Nowell.
Justices Molberg and Reichek
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 30th day of November, 2020.
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