Opinion
05-23-00830-CR
11-08-2023
SHEDRICK THORNTON, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. WX22-91179-H
Before Justices Molberg, Reichek, and Smith
MEMORANDUM OPINION
AMANDA L. REICHEK, JUDGE
Shedrick Thornton appeals the trial court's oral statement that limitations barred his application for writ of habeas corpus under article 11.072 of the Texas Code of Criminal Procedure. Appellant also contends the trial court erred by not granting appellant's application for writ of habeas corpus. We conclude we lack jurisdiction over this appeal, and we dismiss the appeal.
Appellant was convicted on January 12, 2017, of violating a protective order and sentenced to ten years' imprisonment. The trial court suspended the sentence and placed appellant on community supervision for ten years. On June 6, 2022, appellant filed his application for writ of habeas corpus under article 11.072. The State filed a response to the application on November 14, 2022. However, as of the date of this opinion, the trial court has not yet ruled on the application. Appellant states in his notice of appeal that the trial court stated on August 8, 2023, "the statute of limitations had expired for issuing a ruling in cause no. WX22-91179-H, and it is a decision the Court of Appeals, Fifth District, Dallas would have to render."
An appellant has the right to appeal when a trial court enters a "judgment of guilt or other appealable order." See Tex. R. App. P. 25.2(a)(2), 26.2(a). The trial court "enters" an appealable order by signing a written order. See State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (court of appeals has no jurisdiction over State's appeal until there is signed written order); State ex rel. Sutton v. Bage, 822 S.W.2d 55, 57 (Tex. Crim. App. 1992) (orig. proceeding) (determining that trial court has not entered order justifying appeal until written order is signed); see also Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993) (defendant's timetable for filing notice of appeal from adverse habeas decision begins when appealable order signed).
In this case, the appellate record does not show that the trial court has signed an appealable order. There is no signed, written order denying appellant's application for writ habeas corpus. Nor does the appellate record show that the trial court stated the application was barred by limitations.
We conclude we lack jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.
JUDGMENT
Based on the Court's opinion of this date, the appeal is Dismissed for want of jurisdiction.
Judgment entered.
Justices Molberg and Smith participating.