From Casetext: Smarter Legal Research

Ex parte Perryman

Fourth Court of Appeals San Antonio, Texas
Nov 12, 2014
No. 04-14-00713-CR (Tex. App. Nov. 12, 2014)

Opinion

No. 04-14-00713-CR

11-12-2014

Ex parte Anthony Ray PERRYMAN


MEMORANDUM OPINION

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR10581
Honorable Ray Olivarri, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice DISMISSED FOR LACK OF JURISDICTION

Appellant filed a notice of appeal on September 15, 2014, indicating a desire to appeal a September 8, 2014, order of the trial court denying a "petition for writ of habeas corpus for recusal." However, the clerk's record did not contain a petition for a writ of habeas corpus, a ruling on the merits of a petition, a judgment, or any appealable order. Accordingly, we ordered appellant to file a response by November 3, 2014, showing why the appeal should not be dismissed. Appellant has not filed a response.

The district clerk filed a supplemental record containing a copy of Perryman's Petition for Writ of Habeas Corpus for Recusal, filed on August 19, 2014. However, the record does not contain a signed, written order denying relief, and there is no indication in the record that the trial court issued the writ of habeas corpus or conducted a hearing on the merits of Perryman's claim. This court's jurisdiction over appeals of pretrial habeas matters is limited to review of the trial court's written order ruling on the merits of the application. See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991); Ex parte Wiley, 949 S.W.2d 3, 4 (Tex. App.—Fort Worth 1996, no pet.).

Because appellant failed to respond to our show cause order and the record does not contain a signed order on the merits of appellant's pretrial application for a writ of habeas corpus, we dismiss this appeal for lack of jurisdiction.

PER CURIAM Do not publish


Summaries of

Ex parte Perryman

Fourth Court of Appeals San Antonio, Texas
Nov 12, 2014
No. 04-14-00713-CR (Tex. App. Nov. 12, 2014)
Case details for

Ex parte Perryman

Case Details

Full title:Ex parte Anthony Ray PERRYMAN

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 12, 2014

Citations

No. 04-14-00713-CR (Tex. App. Nov. 12, 2014)

Citing Cases

Ex parte Parks

Our jurisdiction over appeals of pretrial habeas matters is limited to review of the trial court's written…