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The State of Texas v. Soutchay Sanavongxay

Although the trial judge admitted writing the notations on the motion for continuance and motion to suppress, she nevertheless has not memorialized her ruling in a written order; thus, the appeal is dismissed for want of jurisdiction in accordance with this court's 2007 opinion State v. Cox. Fort Worth Court of Appeals, No. 02-10-00032-CR, 12-02-2010

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OPINION

The State filed a notice of appeal “from the trial court’s granting of a motion to suppress or exclude DNA evidence in this case.” Shortly after filing the notice of appeal, the State also filed an original proceeding in this court complaining about the trial court’s refusal to enter a written order granting the motion.*fn1 We denied the mandamus in a summary opinion. See Tex. R. App. P. 52.8(d); In re Joe Shannon, No. 02-10-00048-CV, 2010 WL 744771, at *1 (Tex. App.–Fort Worth Mar. 2, 2010, orig. proceeding]) (mem. op). The State also filed a Request for Entry of a Written Order in the trial court, which the trial court has not ruled on.

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