Opinion
05-21-01107-CR
12-22-2021
EX PARTE EDRICK PAUL FULLER
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. WX21-93010-J
ORDER
DENNISE GARCIA JUSTICE
The Court is in receipt of appellant's pro se notice of appeal from the trial court's order denying relief on his application for writ of habeas corpus. This is an accelerated appeal governed by Texas Rule of Appellate Procedure 31.
We ORDER the trial court to prepare a certification of appellant's right to appeal and to file it with the clerk's record.
We ORDER the D a l l a s County District Clerk to file the clerk's record by January 5, 2022. We ORDER that the clerk's record contain copies of the application for writ of habeas corpus, any response to the writ application filed by the State, any other documents related to the writ application, the trial court's order ruling on the writ application, any findings of fact on the writ application that the trial court has entered, the trial court's certification of the right to appeal, and any other documents filed with the clerk that the parties request.
If appellant has requested a reporter's record of a hearing on the writ application, we ORDER the court reporter to file the reporter's record by January 5, 2022. If appellant has not requested a reporter's record, or if no hearing was conducted, we order the court reporter to file, by January 5, 2022, written verification that no reporter's record will be filed in this case.
We ORDER appellant to file his brief, if any, within FOURTEEN DAYS of the filing of the record. We note that the trial court clerk filed the notice of appeal with a docket sheet entry showing the writ application was denied. A docket sheet entry is not sufficient to trigger this Court's jurisdiction. See State v. Shaw, 4 S.W.3d 875, 878 (Tex. App.-Dallas 1999, no pet.).
If the clerk's record filed does not include a final, written order signed by the trial court, appellant is FURTHER ORDERED to explain in his brief the basis for the Court's jurisdiction over the appeal. If no final, written order is submitted in a supplemental record by the end of appellant's briefing period and appellant does not explain satisfactorily the basis for the Court to exercise jurisdiction, the Court may, without further notice, dismiss the appeal for want of jurisdiction.
We ORDER the State to file its response brief, if any, within FOURTEEN DAYS of the filing of appellant's brief.
If briefs are not timely filed by the due date, the Court will order the case submitted without briefing. After the record and any briefs have been filed, the Court will notify the parties of the submission date and panel.
We DIRECT the Clerk to send copies of this order to the Honorable Audra Riley, Presiding Judge, Criminal District Court No. 3; Kimberly Xavier, official court reporter, Criminal District Court No. 3; Felicia Pitre, Dallas County District Clerk; Edrick Paul Fuller, pro se appellant; and John Creuzot, Dallas County District Attorney.