## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 15 - 00410 - CR

JAMES CODY JARVIS APPELLANT
V. THE STATE OF TEXAS STATE

---------- FROM CRIMINAL DISTRI CT COURT NO. 2 OF TA RRANT COUNTY

TRIAL COURT NO. 1292 950

---------- 

### MEMORANDUM OPINION 1

---------- 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.

1 See 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 201 1 ). 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, t he 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 w ould 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, w e 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 ap pellate 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 perfe ct an appeal of this type of order in a criminal case , a notice of appeal must be filed aft er the trial court enters an a ppealable 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 c ourt 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 ord er from which A ppellant 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 [14t h Di st.] 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 CURI AM 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.