Background
Hubert Saddler filed notices of appeal on August 12, 2026, following a hearing at which the trial court apparently revoked his community supervision, adjudicated him guilty, and sentenced him. The appellate record, however, contained no signed trial-court orders memorializing those rulings; it included only the district clerk’s certificates of proceedings.
The next day, the trial court signed orders granting a new hearing on the probation revocation. The appellate court found no record of any later orders and notified Saddler that the appeals would be dismissed unless a party supplied a signed, appealable order in each case within ten days. No party responded.
The Court’s Holding
The Texas Second Court of Appeals dismissed both appeals for lack of jurisdiction. The court held that the record did not contain a signed, appealable order from which Saddler could appeal.
The court explained that a district clerk’s certificate summarizing rulings made at a hearing is not itself an appealable order. Because no party produced signed orders memorializing the apparent revocation, adjudication, and sentencing rulings, the appeals could not proceed.
Key Takeaways
- A criminal appeal requires a signed, appealable trial-court order.
- A district clerk’s certificate of proceedings does not substitute for an appealable order.
- When the appellate record lacks an appealable order and the defect is not cured after notice, dismissal for lack of jurisdiction is proper.
Why It Matters
The decision underscores that oral rulings or clerical summaries do not establish appellate jurisdiction. Criminal practitioners should confirm that the trial court has signed orders memorializing the challenged rulings and that those orders are included in the appellate record.