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Ex parte Comminey

Court of Appeals of Texas, Fifth District, Dallas
Sep 21, 2021
No. 05-21-00186-CR (Tex. App. Sep. 21, 2021)

Opinion

05-21-00186-CR

09-21-2021

EX PARTE ZAVIER COMMINEY


Do Not Publish TEX. R. APP. P. 47.2(b)

On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. WX21-90360-V

Before Chief Justice Burns and Justices Myers and Nowell

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE.

Zavier Comminey appeals the trial court's ruling denying his pretrial application for writ of habeas corpus seeking a reduction in bail. No written order denying the writ application was filed in the clerk's record or a supplemental clerk's record.

After the Court requested letter briefs to address its jurisdiction, appellant filed a letter brief and an amended notice of appeal that addressed problems with the record, but never indicated that a final written order had been signed. The State's letter brief indicated that there was no final written order and proposed the Court either dismiss the appeal or abate the appeal to allow entry of a final written order.

On September 9, 2021, the district clerk filed a second supplemental clerk's record showing appellant was tried on July 12, 2021, convicted of manslaughter, and sentenced to ten years in prison.

Because the trial court has not entered an appealable order in the habeas proceeding, appellant's notice of appeal does not confer jurisdiction upon the Court. See Henderson v. State, 153 S.W.3d 735, 735-36 (Tex. App.-Dallas 2005, no pet.); Ex parte Evans, 611 S.W.3d 86, 88 (Tex. App.-Waco 2020, no pet.); see also Ex parte Terry, No. 12-20-00006-CR, 2020 WL 827591, at *1 (Tex. App.-Tyler Feb. 19, 2020, no pet.) (mem. op., not designated for publication) (habeas appeal seeking bond reduction must be dismissed if no final written order has been entered).

Moreover, appellant's conviction renders moot his habeas contentions regarding pre-trial confinement. Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992).

Concluding we lack jurisdiction and the matter is moot, we dismiss the appeal.

JUDGMENT

Based on the Court's opinion of this date, the appeal is DISMISSED.


Summaries of

Ex parte Comminey

Court of Appeals of Texas, Fifth District, Dallas
Sep 21, 2021
No. 05-21-00186-CR (Tex. App. Sep. 21, 2021)
Case details for

Ex parte Comminey

Case Details

Full title:EX PARTE ZAVIER COMMINEY

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 21, 2021

Citations

No. 05-21-00186-CR (Tex. App. Sep. 21, 2021)