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Perkins v. State

Fourth Court of Appeals San Antonio, Texas
Mar 24, 2016
No. 04-16-00046-CR (Tex. App. Mar. 24, 2016)

Opinion

No. 04-16-00046-CR

03-24-2016

Samuel C. PERKINS, Appellant v. The STATE of Texas, Appellee


From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. CM000409, CM000410, CM021770, CM021771, CM021772, CM021773, CM021774, CM022491, CM022492, CM022493, CM023681, CM026382
Honorable Andrew Carruthers, Judge Presiding

ORDER

Samuel C. Perkins has filed a notice of appeal, stating that he intends to appeal the trial court's December 29, 2015 order that granted the State's motion and amended the amount and conditions of his pretrial bond in ten pending criminal cases. We, however, do not have jurisdiction over this appeal.

Courts of appeal "do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law." Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). A trial court's order on a motion to modify the amount or conditions of a pretrial bond is not authorized by statute and therefore is not appealable. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) ("There is no constitutional or statutory authority granting the courts of appeals jurisdiction to hear interlocutory appeals regarding excessive bail or the denial of bail."); Sanchez v. State, 340 S.W.3d 848, 852 (Tex. App.—San Antonio 2011, no pet.) (holding court of appeals lacked jurisdiction over appeal of pretrial order on motion for reduction of bond); Lewis v. State, No. 04-06-00538-CR, 2006 WL 3613197, at *1 (Tex. App.—San Antonio 2006, no pet.) (mem. op., not designated for publication) (dismissing appeal for lack of jurisdiction because trial court's order denying motion to modify the conditions of pretrial bond is not appealable); Bridle v. State, 16 S.W.3d 906, 908 (Tex. App.—Fort Worth 2000, no pet.) (dismissing appeal for lack of jurisdiction because appeal of order regarding condition of pretrial bond was not appealable).

We therefore ORDER appellant to show cause on or before April 13, 2016 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended

/s/_________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of March, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Perkins v. State

Fourth Court of Appeals San Antonio, Texas
Mar 24, 2016
No. 04-16-00046-CR (Tex. App. Mar. 24, 2016)
Case details for

Perkins v. State

Case Details

Full title:Samuel C. PERKINS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 24, 2016

Citations

No. 04-16-00046-CR (Tex. App. Mar. 24, 2016)