COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00410-CR

JAMES CODY JARVIS APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY

TRIAL COURT NO. 1292950

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MEMORANDUM OPINION1

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Appellant James Cody Jarvis attempts to appeal from the trial court’s 

denial of his motion requesting bond pending appeal.

2

 See Tex. Code Crim. 

 

1See Tex. R. App. P. 47.4.

2

In October 2012, Appellant pled guilty, pursuant to a plea bargain, to the 

offense of burglary of a habitation. See Tex. Penal Code Ann. § 30.02(c)(2) 

(West 2011). The trial court placed him on five years’ deferred-adjudication 

community supervision and assessed a $500 fine, $284 in court costs, and $268 

in restitution. The State subsequently filed a petition to proceed to adjudication. 
2

Proc. Ann. art. 44.04(g) (West Supp. 2015). Shortly after Appellant filed his 

notice of appeal, the trial court clerk informed us that the trial judge had not 

signed a written order on Appellant’s request for appeal bond. On November 12, 

2015, and January 28, 2016, we notified Appellant that it appeared that there 

was no appealable written order and that his notice of appeal was premature. 

See Tex. R. App. 26.2(a), 27.1(b). We advised him that this appeal would be 

dismissed unless the parties furnished this court a signed copy of the order 

Appellant seeks to appeal. See Tex. R. App. P. 44.3, 44.4. Despite these two 

notices, we have not been furnished with a signed copy of a written order 

denying Appellant’s request for appeal bond, and the trial court clerk has 

confirmed that the trial court has not signed such an order. 

The rules of appellate procedure provide that a criminal defendant has the 

right to appeal a judgment of guilt or other appealable order. See Tex. R. App. P. 

25.2(a)(2). To perfect an appeal of this type of order in a criminal case, a notice 

of appeal must be filed after the trial court enters an appealable order. See Tex. 

R. App. P. 26.2(a)(1). “Entry” by the court means a signed, written order. See, 

e.g., In re Johnston, 79 S.W.3d 195, 197–98 (Tex. App.—Texarkana 2002, orig. 

proceeding). 

 

On September 10, 2015, Appellant pled true to the allegations in the State’s 

motion to adjudicate guilt, and the trial court sentenced him to eight years’ 

imprisonment. The trial court certified his right of appeal, and Appellant timely 

perfected his appeal. Appellant’s appeal from the trial court’s order adjudicating 

him guilty is currently pending in this court under cause number 02-15-00318-

CR.
3

In this case, the trial court orally denied Appellant’s motion requesting 

bond pending appeal on the record at the conclusion of the hearing on the 

motion, and the trial court certified that Appellant has the right to appeal this 

ruling. But the trial court has not entered an order from which Appellant may 

perfect an appeal from the trial court’s denial of his request for appeal bond.

3

 

See Tex. R. App. P. 25.2(a)(2), 26.2(a)(1), 27.1(b); see also Lowe v. State, No. 

14-00-01110-CR, 2001 WL 101771, at *2 (Tex. App.—Houston [14th Dist.] Feb. 

8, 2001, no pet.) (mem. op., not designated for publication) (“While an appellant 

certainly has the right to appeal a trial court’s decision regarding a request for 

bond [pending appeal] . . . this does not mean jurisdiction is conferred on this 

Court in the absence of a signed, written order.”). Thus, Appellant’s notice of 

appeal is premature. See Tex. R. App. P. 25.2(a)(2), 26.2(a)(1), 27.1(b). 

Accordingly, we dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 

43.2(f).

PER CURIAM

PANEL: GARDNER, WALKER, and MEIER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: February 25, 2016

 

3

There is no indication in the record before us that an order has been

presented to the trial court or that the trial court is refusing to sign an order.