DISMISS and Opinion Filed November 8, 2023 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-00830-CR 

SHEDRICK THORNTON, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the Criminal District Court No. 1 

Dallas County, Texas 

Trial Court Cause No. WX22-91179-H 

MEMORANDUM OPINION 

Before Justices Molberg, Reichek, and Smith 

Opinion by Justice Reichek 

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, 
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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. 
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We conclude we lack jurisdiction over this appeal. Accordingly, we dismiss 

this appeal for want of jurisdiction. 

Do Not Publish 

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

230830F.U05 

 

/Amanda L. Reichek/

AMANDA L. REICHEK 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

SHEDRICK THORNTON, 

Appellant 

No. 05-23-00830-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District 

Court No. 1, Dallas County, Texas 

Trial Court Cause No. WX22-91179-

H. 

Opinion delivered by Justice 

Reichek. Justices Molberg and Smith 

participating. 

 Based on the Court’s opinion of this date, the appeal is DISMISSED for 

want of jurisdiction. 

Judgment entered this 8th day of November 2023.