State of Texas v. Sanavongxay, Soutchay
2012 Tex. Crim. App. LEXIS 168
| Tex. Crim. App. | 2012Background
- Appellee charged with aggravated robbery on Dec 8, 2008.
- State sought buccal DNA sample pre-trial; CODIS match obtained Jan 28, 2009 and posted July 27, 2009.
- Indictment included a prior felony-theft enhancement from 1992.
- Defense moved for production and inspection of DNA-related physical evidence; discovery disputes followed.
- Sample collected December 2009; confirming DNA report available Jan 19, 2010 and defense notified Jan 20, 2010; trial set for Jan 25, 2010.
- Trial court orally denied continuance and excluded DNA evidence on discovery-tardiness grounds; no written order finalized for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court can block an interlocutory appeal by not signing a written order. | State argues oral ruling suffices for appeal if written order missing. | Sanavongxay contends no effective order exists; no jurisdiction | No jurisdiction without a written order; appeal dismissed. |
| Should Rosenbaum be revised to cover non-signed orders excluding evidence? | State seeks expansion of Rosenbaum to include this scenario. | Sanavongxay relies on existing Rosenbaum scope. | Overruled; Rosenbaum facts distinguishable. |
| Is an oral ruling sufficient to confer appellate jurisdiction when no written order is signed? | State relies on Art. 44.01(a)(5) and written-form requirement. | Sanavongxay emphasizes need for written order. | Oral ruling alone not enough; writing required. |
| Did the court of appeals err in implying a hearing was necessary for the State’s appeal? | State needed proceedings to establish exclusion of DNA evidence. | Sanavongxay contends record inadequate to show necessity. | Appellate court properly lacked jurisdiction; no final written order. |
Key Cases Cited
- Rosenbaum v. State, 818 S.W.2d 398 (Tex. Crim. App. 1991) (requires a written order for appealability under Art. 44.01(d))
- State v. Kibler, 874 S.W.2d 330 (Tex. App.--Fort Worth 1994) (no pet.)
- State v. Cox, 235 S.W.3d 283 (Tex. App.--Fort Worth 2010) (discusses writs and written orders for appeal)
- State ex rel. Young v. Sixth Judicial District Court of Appeals, 236 S.W.3d 207 (Tex. Crim. App. 2007) (mandamus availability for ministerial acts)
- Patterson v. Planned Parenthood of Houston & SE Tex., 971 S.W.2d 439 (Tex. 1998) (ripeness and finality in reviewable actions)