Opinion
NO. 14-13-01048-CR
07-29-2014
EX PARTE ALEX PEREZ
On Appeal from the 177th District Court Harris County, Texas
Trial Court Cause No. 773315-A
ORDER
The clerk's record in this appeal was filed November 25, 2014. Our review has determined that a relevant item has been omitted from the clerk's record. See Tex. R. App. P. 34.5(c). The record does not contain a signed, written order denying appellant's application for writ of habeas corpus.
A signed, written order is required for this court to obtain jurisdiction. See State v. Cox, 235 S.W.3d 283, 285 (Tex. App.—Fort Worth 2007, no pet.). Docket entries may not take the place of a separate order and a judge's oral pronouncement is not appealable until a written order is signed. Ex parte Wiley, 949 S.W.2d 3, 4 (Tex. App.—Forth Worth 1996, no pet.) (citing State v. Kibler, 874 S.W.2d 330, 332 (Tex. App.—Forth Worth 1994, no pet.)). The appeal is subject to dismissal unless the record is supplemented with a signed, written order.
The Harris County District Clerk is directed to file a supplemental clerk's record on or before August 11, 2014, containing an order signed on or about October 31, 2014, denying appellant's application for writ of habeas corpus.
If the omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk's record containing a certified statement that the omitted item is not a part of the case file.