Carlos Arturo Gomez German v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledJuly 24, 2026
Docket03-26-00437-CR
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00437-CR
Carlos Arturo Gomez German, Appellant
v.
The State of Texas, Appellee
FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY
NO. 26-0117-K368, THE HONORABLE SARAH BRUCHMILLER, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Carlos Arturo Gomez German filed a notice of appeal stating that he desired to
appeal from the trial court’s “ruling” denying his pre-trial application for writ of habeas corpus.
In his motion for extension of time to file his notice of appeal, German explained that the trial
court had orally rendered judgment denying his pre-trial application at a hearing on March 25.
In criminal cases, this Court has jurisdiction to consider appeals from the entry of
an appealable order. See Tex. R. App. P. 25.2; Tex. Code Crim. Proc. art. 44.02; see also Tex.
R. App. P. 26.2(a)(1). However, there must be a written, signed order from which to appeal. See
State v. Sanavongxay, 407 S.W.3d 252, 258–59 (Tex. Crim. App. 2012) (noting that “our
precedent requires that an order be in writing”); see also State v. Rosenbaum, 818 S.W.2d 398,
401–02 (Tex. Crim. App. 1991) (holding that the trial court ‘enters’ order for purposes of
appellate timetable when judge signs order).
The record before us does not contain a written, signed order of the trial court’s
ruling on German’s application for writ of habeas corpus, but the reporter’s record reflects that
the trial court orally denied the application at a hearing on March 25. Accordingly, we abate this
cause and remand it to the trial court for entry of a signed order on appellant’s application for
writ of habeas corpus. See Tex. R. App. P. 44.4(b) (requiring appellate court to direct trial court
to correct remediable error that prevents proper presentation of appeal); Dewalt v. State,
417 S.W.3d 678, 685 n.32 (Tex. App.—Austin 2013, pet. ref’d) (“[I]n a case in which there has
been an oral trial court ruling but no written order has been entered, we would ordinarily treat the
notice of appeal as prematurely filed, abate the appeal, and remand the case to the trial court for
preparation of an appealable order.”). A supplemental clerk’s record containing the signed order
shall be prepared and filed with this Court no later than August 20, 2026.
It is ordered on July 24, 2026.
Before Justices Triana, Crump, and Ellis
Abated and Remanded
Filed: July 24, 2026
Do Not Publish
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