Dismissed and Opinion Filed March 24, 2022

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-01107-CR

EX PARTE EDRICK PAUL FULLER

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause No. WX21-93010-J

MEMORANDUM OPINION

Before Justices Myers, Osborne, and Nowell

Opinion by Justice Nowell

Edrick Paul Fuller appeals from the trial court’s ruling, reflected only in a 

docket sheet entry, denying his pretrial application for writ of habeas corpus 

asserting the State has violated his right to a speedy trial. Because there is no written 

order, we dismiss the appeal.1

Appellant has the right to appeal the trial court’s habeas decision when the 

trial court enters an appealable order. See TEX. R. APP. P. 25.2(a)(2), 26.2(a). The

1

The current writ appeal, writ cause no. WX21-93010-J, arises from trial court cause no. F20-42206-

J, which was dismissed because of a defective indictment. A second writ appeal, writ cause no. WX21-

93020-J, arises from a reindictment of the offense in trial court cause no. F21-00491-J. Writ cause no. 

WX21-93020-J was also appealed to this court, and that appeal has been dismissed. See Ex parte Fuller, 

No. 05-21-01178-CR, 2022 WL 304705 (Tex. App.—Dallas Feb. 2, 2022, no pet.) (mem. op., not 

designated for publication).
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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) (concluding 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).

The clerk’s record, filed on January 6, 2022, does not contain a signed written 

order documenting the trial court’s ruling on appellant’s habeas application. In his 

brief, filed March 1, 2022, appellant acknowledges that there is no written order in 

this case. Nevertheless, appellant contends the Court has jurisdiction over this case 

because, according to appellant, the trial court told him that the docket entry was a 

sufficient order. The State’s response brief urges the Court to dismiss the appeal for 

want of a written order.

A docket sheet entry does not qualify as an appealable order sufficient to 

confer jurisdiction for appellate review. See State v. Shaw, 4 S.W.3d 875, 878 (Tex. 

App.—Dallas 1999, no pet.). Because the trial court has not signed and entered an 

appealable order in the habeas proceeding, appellant’s notice of appeal does not 

confer jurisdiction upon the Court. See Sanavongxay, 407 S.W.3d at 259; Henderson 
–3–

v. State, 153 S.W.3d 735, 735–36 (Tex. App.—Dallas 2005, no pet.); Ex parte 

Evans, 611 S.W.3d 86, 88 (Tex. App.—Waco 2020, no pet.).

Finding no basis for this Court to exercise jurisdiction, we dismiss this appeal.

We deny as moot the State’s pending motion seeking to supplement the record on 

appeal with the reindictment.

 

211107f.u05

Do Not Publish

TEX. R. APP. P. 47.2(b)

/Erin A. Nowell//

ERIN A. NOWELL

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

EX PARTE EDRICK PAUL 

FULLER

No. 05-21-01107-CR

On Appeal from the Criminal District 

Court No. 3, Dallas County, Texas

Trial Court Cause No. WX21-93010-

J.

Opinion delivered by Justice Nowell. 

Justices Myers and Osborne 

participating.

Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered this 24th day of March, 2022.