Opinion
02-23-00281-CR
11-22-2023
Ex parte David Mason Scott
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 362nd District Court Denton County, Texas Trial Court No. F23-2654-362
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
MEMORANDUM OPINION
Bonnie Sudderth Chief Justice
Appellant David Mason Scott attempts to appeal from a docket entry noting the denial of his requested habeas relief. Although an order denying pretrial habeas relief is immediately appealable, see Ex parte Sheffield, No. PD-1102-20, 2023 WL 4092747, at *11 (Tex. Crim. App. June 21, 2023), "to be appealable, the order denying relief must be a signed written order." Ex Parte Fry, No. 07-12-00156-CR, 2012 WL 1694362, at *1 (Tex. App.-Amarillo May 15, 2012, no pet.) (per curiam) (mem. op., not designated for publication). "[A] docket entry, even one signed by the trial judge, is not an appealable written order." Ex parte Salim, Nos. 02-19-00009-CR, 02-19-00010-CR, 2019 WL 490516, at *1 (Tex. App.-Fort Worth Feb. 7, 2019, no pet.) (per curiam) (mem. op., not designated for publication).
Because we have not received and Appellant has not referenced a written order denying his requested habeas relief, and because such an order is necessary for us to obtain jurisdiction, see id., we warned Appellant that we could dismiss his appeal for want of jurisdiction unless, within ten days, Appellant or any other party showed grounds for continuing it. See Tex. R. App. P. 44.3. More than ten days have passed, and we have not received a response.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Salim, 2019 WL 490516, at *1 (dismissing similar appeals from docket entries denying habeas relief); Ex parte Wiley, 949 S.W.2d 3, 4 (Tex. App.-Fort Worth 1996, no writ) (same).