Ex Parte: Pauline Coronado v. the State of Texas ( 2024 )


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  • Dismissed and Opinion Filed November 21, 2024
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-24-00743-CR
    No. 05-24-00744-CR
    No. 05-24-00745-CR
    No. 05-24-00746-CR
    No. 05-24-00747-CR
    EX PARTE PAULINE CORONADO
    On Appeal from the 292nd Judicial District Court
    Dallas County, Texas
    Trial Court Cause Nos. WX-24-91259, WX-24-91260, WX-24-91261,
    WX-24-91262, and WX-24-91352
    MEMORANDUM OPINION
    Before Justices Partida-Kipness, Goldstein, and Miskel
    Opinion by Justice Partida-Kipness
    Appellant Pauline Coronado appeals from the trial court’s denial of her
    pretrial applications for writ of habeas corpus, in which she sought a bond reduction.
    The reporter’s record demonstrates the trial court conducted a hearing on June 6,
    2024, at which time it denied appellant’s applications and ruled the bond remain at
    $250,000. The docket sheet also reflects denial of the habeas application.
    Appellant’s notice of appeal states that she appeals from the “trial court’s Order
    denying writ of habeas corpus seeking reasonable bond.” The clerk’s records,
    however, contain no written order denying her applications.
    On July 25, 2024, Coronado was informed the clerk’s records were
    incomplete because they did not contain the trial court’s order denying habeas relief.
    Coronado has not provided this Court with an order denying habeas relief.
    The court of criminal appeals has held a “trial court’s oral pronouncements on
    the record do not constitute appealable orders.” State v. Wachtendorf, 
    475 S.W.3d 895
    , 904 (Tex. Crim. App. 2015). “Only a writing suffices.” State v. Sanavongxay,
    
    407 S.W.3d 252
    , 258 (Tex. Crim. App. 2012). Moreover, a docket entry is not
    tantamount to an order. Payne v. State, No. 12-17-00143-CR, 
    2017 WL 2570829
    , at
    *1 (Tex. App.—Tyler June 14, 2017, no pet.) (mem. op., not designated for
    publication); see State v. Shaw, 
    4 S.W.3d 875
    , 878 (Tex. App.—Dallas 1999, no
    pet.).
    Here, the record contains no written order denying appellant’s habeas
    application, and neither an oral pronouncement nor a docket sheet entry is sufficient
    to comprise an appealable, written order. See Wachtendorf, 475 S.W.3d at 903; see
    also Sanavongxay, 
    407 S.W.3d at 258
    ; Payne, 
    2017 WL 2570829
    , at *1 (dismissing
    appeal from pretrial habeas application for want of jurisdiction absent written order);
    see also Walton v. State, No. 02-18-00396-CR, 
    2018 WL 6424242
    , at *1 (Tex.
    App.—Fort Worth Dec. 6, 2018, no pet.) (mem. op., not designated for publication)
    (dismissing appeal for want of jurisdiction because appellate court had not received
    –2–
    “a written order from the trial court—a prerequisite to appealability”); Ex parte
    Wiley, 
    949 S.W.2d 3
    , 4 (Tex. App.—Fort Worth 1996, no pet.). Accordingly, we
    dismiss appellant’s appeal for want of jurisdiction. See TEX. R. APP. P. 43.2 (f).
    /Robbie Partida-Kipness/
    ROBBIE PARTIDA-KIPNESS
    Do Not Publish                              JUSTICE
    TEX. R. APP. P. 47.2(b)
    240743F.U05
    –3–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    EX PARTE PAULINE                             On Appeal from the 292nd Judicial
    CORONADO                                     District Court, Dallas County, Texas
    Trial Court Cause No. WX-24-
    No. 05-24-00743-CR                           91259.
    Opinion delivered by Justice Partida-
    Kipness. Justices Goldstein and
    Miskel participating.
    Based on the Court’s opinion of this date, we dismiss appellant’s appeal for
    want of jurisdiction. See TEX. R. APP. P. 43.2 (f).
    Judgment entered this 21st day of November 2024.
    –4–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    EX PARTE PAULINE                             On Appeal from the 292nd Judicial
    CORONADO                                     District Court, Dallas County, Texas
    Trial Court Cause No. WX-24-
    No. 05-24-00744-CR                           91260.
    Opinion delivered by Justice Partida-
    Kipness. Justices Goldstein and
    Miskel participating.
    Based on the Court’s opinion of this date, we dismiss appellant’s appeal for
    want of jurisdiction. See TEX. R. APP. P. 43.2 (f).
    Judgment entered this 21st day of November 2024.
    –5–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    EX PARTE PAULINE                             On Appeal from the 292nd Judicial
    CORONADO                                     District Court, Dallas County, Texas
    Trial Court Cause No. WX-24-
    No. 05-24-00745-CR                           91261.
    Opinion delivered by Justice Partida-
    Kipness. Justices Goldstein and
    Miskel participating.
    Based on the Court’s opinion of this date, we dismiss appellant’s appeal for
    want of jurisdiction. See TEX. R. APP. P. 43.2 (f).
    Judgment entered this 21st day of November 2024.
    –6–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    EX PARTE PAULINE                             On Appeal from the 292nd Judicial
    CORONADO                                     District Court, Dallas County, Texas
    Trial Court Cause No. WX-24-
    No. 05-24-00746-CR                           91262.
    Opinion delivered by Justice Partida-
    Kipness. Justices Goldstein and
    Miskel participating.
    Based on the Court’s opinion of this date, we dismiss appellant’s appeal for
    want of jurisdiction. See TEX. R. APP. P. 43.2 (f).
    Judgment entered this 21st day of November 2024.
    –7–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    EX PARTE PAULINE                             On Appeal from the 292nd Judicial
    CORONADO                                     District Court, Dallas County, Texas
    Trial Court Cause No. WX-24-
    No. 05-24-00747-CR                           91352.
    Opinion delivered by Justice Partida-
    Kipness. Justices Goldstein and
    Miskel participating.
    Based on the Court’s opinion of this date, we dismiss appellant’s appeal for
    want of jurisdiction. See TEX. R. APP. P. 43.2 (f).
    Judgment entered this 21st day of November 2024.
    –8–
    

Document Info

Docket Number: 05-24-00743-CR

Filed Date: 11/21/2024

Precedential Status: Precedential

Modified Date: 11/27/2024