Opinion
No. 05-19-00676-CR
08-14-2019
EX PARTE JOHN RIVELLO
On Appeal from the Criminal District Court No. 5 Dallas County, Texas
Trial Court Cause No. WX19-00076-L
ORDER
There is no written order in the clerk's record denying appellant's pretrial writ application. It appears appellant is appealing from the trial court's oral pronouncement and a docket sheet entry denying relief. A court of appeals has no jurisdiction over an appeal absent a written judgment or appealable order. See TEX. R. APP. P. 25.2(a)(2), 26.2(a); Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008); State v. Shaw, 4 S.W.3d 875, 878 (Tex. App.—Dallas 1999, no pet.) (holding that docket sheet entries do not constitute written orders).
But see In re Yamaha Golf-Car Company, No. 05-19-00292-CV, 2019 WL 1512578 (Tex. App.—Dallas Apr. 8, 2019, orig. proceeding) (mem. op.) and Swart v. Morales, No. 05-18-01229-CV, 2019 WL 1552453 (Tex. App.—Dallas Apr. 10, 2019, no pet.) (mem. op.).
We ORDER the Dallas County District Clerk to file, within TEN DAYS of the date of this order, either a supplemental clerk's record containing the trial court's written order denying appellant's application for writ of habeas corpus or else a letter stating that the trial court has not entered a written order denying relief on the writ application.
If no written order denying relief is filed within THIRTY DAYS of the date of this order, the Court will dismiss this appeal for want of jurisdiction.
The Court DIRECTS the Clerk of the Court to transmit a copy of this order, by electronic transmission, to Felicia Pitre, Dallas County District Clerk; and to counsel for all parties.
/s/ CORY L. CARLYLE
JUSTICE