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Ex parte Grigg

Fourth Court of Appeals San Antonio, Texas
Nov 8, 2017
No. 04-17-00721-CR (Tex. App. Nov. 8, 2017)

Opinion

No. 04-17-00721-CR

11-08-2017

EX PARTE BRANDON STANLEY GRIGG, Appellant


From the County Court at Law No. 14, Bexar County, Texas
Trial Court No. 497283
Honorable Karen Crouch, Judge Presiding

ORDER

On October 16, 2017, appellant Brandon Stanley Grigg filed a notice of appeal seeking to appeal the trial court's alleged denial of two applications for writs of habeas in trial court cause number 497283 (writ numbers 2665 and 2736). When the notices of appeal were filed, this court assigned a single appellate number to this matter, 04-17-00721-CR. Two clerk's records were filed — a clerk's record for writ number 2665 was filed in this court on November 1, 2017, and a clerk's record for writ number 2736 was filed in this court on November 2, 2017. After reviewing the clerk's records, it appears the trial court issued the writs of habeas corpus and conducted a hearing on the merits of appellant's claims. A letter from the trial court dated October 11, 2017, states the trial court denied relief with regard to both writs. In the letter, however, the trial court states, "Please provide an order." Thus, from the trial court's letter it is apparent the court did not intend the letter to constitute an order, even assuming a letter could be sufficient to constitute an order for purposes of appeal. Despite the trial court's request, it appears no order was ever provided or signed, and neither clerk's record contains a signed, written order denying relief.

Accordingly, we ORDER appellant to show cause in writing on or before November 20, 2017 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending further order of this court.

We order the clerk of this court to serve a copy of this order on the trial court, the county clerk, and all counsel.

/s/_________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of November, 2017.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Ex parte Grigg

Fourth Court of Appeals San Antonio, Texas
Nov 8, 2017
No. 04-17-00721-CR (Tex. App. Nov. 8, 2017)
Case details for

Ex parte Grigg

Case Details

Full title:EX PARTE BRANDON STANLEY GRIGG, Appellant

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 8, 2017

Citations

No. 04-17-00721-CR (Tex. App. Nov. 8, 2017)