Opinion
No. 04-15-00756-CR
02-17-2016
Samuel Charles PERKINS, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 186th Judicial District Court, Bexar County, Texas
Trial Court Nos. CM00409; CM00410; CM021770; CM021771; CM021772; CM021773; CM021774; CM022491; CM022492; CM022493
Honorable Andrew Carruthers, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice DISMISSED FOR LACK OF JURISDICTION
Samuel C. Perkins appealed the trial court's November 26, 2015, order amending the conditions of his pretrial bond in ten pending criminal cases. On January 6, 2016, we issued an opinion and order dismissing the appeal, and on January 27, 2016, we denied Perkins's motion for rehearing. On the court's own motion, we withdraw the opinion and order issued January 6, 2016 and substitute those issued today.
Our January 6, 2016 opinion and order inadvertently omitted four of the trial court cases from which Perkins appeals. --------
"The courts of appeals 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 is not appealable. See Ragston v. State, 4 S.W.3d 49 (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 (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 Dec. 13, 2006, no pet.) (mem. op., not designated for publication) (dismissing for lack of jurisdiction appeal of trial court's order denying motion to modify the conditions of pretrial bond); Bridle v. State, 16 S.W.3d 906, 908 (Tex. App.—Fort Worth 2000, no pet.) (dismissing for lack of jurisdiction appeal of order requiring ignition interlock device installed on vehicle as a condition of pretrial bond).
Because an interlocutory appeal from an order granting a motion to modify the conditions of a pretrial bond is not authorized by law, we dismiss the appeal for lack of jurisdiction.
PER CURIAM Do not publish