IN THE
TENTH COURT OF APPEALS
No. 10-14-00144-CR
No. 10-14-00145-CR
No. 10-14-00146-CR
TERRY ROBERTS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 278th District Court
Walker County, Texas
Trial Court Nos. 26,653, 26,655 and 26,657
MEMORANDUM OPINION
In these three causes, Appellant Terry Roberts appeals the denial of his pretrial
writ of habeas corpus. In the Clerk of the Court’s June 24, 2014 letter, Roberts was
warned that the Court would dismiss his appeals because there is no appealable order
or judgment in the record unless, within fourteen days after the date of the letter,
Roberts showed grounds for continuing the appeals. Roberts has not responded to the
Clerk of the Court’s June 24, 2014 letter.
This Court has jurisdiction to consider appeals from a judgment or order in a
habeas corpus proceeding. See TEX. R. APP. P. 31.1. But a docket sheet entry is neither a
judgment nor an order. In re Bill Heard Chevrolet, Ltd., 209 S.W.3d 311, 315 (Tex. App.—
Houston [1st Dist.] 2006) (orig. proceeding) (holding that docket sheet entry does not
ordinarily form part of record that can be considered on appeal and cannot take place of
written judgment or order). Likewise, an oral ruling does not constitute the “ent[ry of]
an appealable order” for the purposes of perfecting appeal. See TEX. R. APP. P. 26.2(a)(1)
(providing that appellant must file a notice of appeal “within 30 days … after the day
the trial court enters an appealable order”); State ex rel. Sutton v. Bage, 822 S.W.2d 55, 56-
57 (Tex. Crim. App. 1992) (interpreting phrase “entered by the court” as meaning
signing of order by trial judge).
Although there is a docket sheet entry in these cases that Roberts’s pro se writ of
habeas corpus was denied, the record in this case contains no written signed order by
the trial court. There is, therefore, no appealable order or judgment in the record. We
thus lack jurisdiction and dismiss Roberts’s appeals.
REX D. DAVIS
Justice
Roberts v. State Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed July 24, 2014
Do not publish
[CR25]
Roberts v. State Page 3