Order entered September 28, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00729-CR
EX PARTE ALIX HENRY SANDERS
On Appeal from the County Criminal Court No. 3
Dallas County, Texas
Trial Court Cause No. MC20-A1137-C
ORDER
Before the Court is appellant’s September 25, 2020 motion for extension of
time to file his brief. Appellant requests an extension of time because he desires to
supplement the record on appeal. We GRANT the motion and ORDER
appellant’s brief filed by October 30, 2020.
A review of the clerk’s record filed in this case shows the record does not
include a final written order denying relief on appellant’s post-conviction
application for writ of habeas corpus nor does it include a certification of
appellant’s right to appeal. The trial court’s denial of relief is reflected only in a
docket entry.
Without a final written order, the court lacks jurisdiction over this appeal.
See TEX. R. APP. P. 25.2(a)(2), 26.2(a); Abbott v. State, 271 S.W.3d 694, 697 (Tex.
Crim. App. 2008); see also Ex parte Terry, No. 12-20-00006-CR, 2020 WL
827591, at *1 (Tex. App.—Tyler Feb. 19, 2020, no pet.) (mem. op., not designated
for publication) (habeas appeal must be dismissed if no final order has been
entered). A docket sheet entry does not constitute an appealable order. See State v.
Shaw, 4 S.W.3d 875, 878 (Tex. App.—Dallas 1999, no pet.). In addition to a final
written order, the trial court must also file a certification of the right to appeal
before this case may proceed. See TEX. R. APP. P. 25.2(d).
If a supplemental clerk’s record is not filed by October 30, 2020 showing the
trial court has entered a final order, the Court may dismiss this appeal for want of
jurisdiction. If the record is supplemented with a final order, but it is not
supplemented with a certification of the right to appeal, the Court may abate this
appeal to the trial court for entry of a certification.
We DIRECT the Clerk to transmit a copy of this order to the Honorable
Audrey Moorehead, Presiding Judge, County Criminal Court No. 3; to John F.
Warren, Dallas County Clerk; and to counsel for the parties.
/s/ BILL PEDERSEN, III
JUSTICE
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