State v. Shaw

OPINION

LINDA THOMAS, Chief Justice.

This State’s appeal presents two issues: First, does article 44.01 of the Texas Code of Criminal Procedure require that the order from which the State is appealing be written? Second, does a docket sheet entry constitute a written order for purposes of article 44.01? We conclude that a written order is required and a docket sheet entry does not suffice as a written order.

Appellee Willard Mark Shaw was indicted for aggravated assault on a public servant. Appellee filed a special plea of double jeopardy, contending he was previously convicted of an offense…