State v. Jose Aguilar

Fourth Court of Appeals

San Antonio, Texas

November 9, 2016

No. 04-16-00689-CR

The STATE of Texas,

Appellant v.

Jose AGUILAR,

Appellee

From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2014CRN000587-D1

Honorable Jose A. Lopez, Judge Presiding

ORDER

The State has filed a notice of appeal. The State seeks to appeal a trial court’s order granting a motion to suppress. The clerk’s record has been filed, but it does not contain a signed order granting a motion to suppress. “[T]he trial court's oral pronouncements on the record do not constitute appealable order.” State v. Wachtendorf, 475 S.W.3d 895, 904 (Tex. Crim. App. 2015). We therefore order the State to file a response to this order by December 9, 2016 showing why this appeal should not be dismissed for want of jurisdiction. If the trial court signs a written order giving this court jurisdiction over this appeal, we order the State to file a copy of its written request for a supplemental clerk’s record containing that order by December 9, 2016.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of November, 2016. ___________________________________

Keith E. Hottle

Clerk of Court