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Ex parte Coronado

Court of Appeals of Texas, Fifth District, Dallas
Nov 21, 2024
No. 05-24-00746-CR (Tex. App. Nov. 21, 2024)

Opinion

05-24-00743-CR 05-24-00744-CR05-24-00745-CR 05-24-00746-CR 05-24-00747-CR

11-21-2024

EX PARTE PAULINE CORONADO


Do Not Publish Tex.R.App.P. 47.2(b)

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

Before Justices Partida-Kipness, Goldstein, and Miskel

MEMORANDUM OPINION

ROBBIE PARTIDA-KIPNESS JUSTICE

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 "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).

JUDGMENT

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).


Summaries of

Ex parte Coronado

Court of Appeals of Texas, Fifth District, Dallas
Nov 21, 2024
No. 05-24-00746-CR (Tex. App. Nov. 21, 2024)
Case details for

Ex parte Coronado

Case Details

Full title:EX PARTE PAULINE CORONADO

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

Date published: Nov 21, 2024

Citations

No. 05-24-00746-CR (Tex. App. Nov. 21, 2024)