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Wright v. State

Court of Appeals of Texas, Dallas
May 15, 1998
969 S.W.2d 588 (Tex. App. 1998)
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Summary

holding no jurisdiction over appeal from pretrial order revoking bond

Summary of this case from Chestang v. State
See 22 Summaries

Opinion

No. 05-98-00168-CR.

May 15, 1998.

Appeal from the 336th Judicial District Court, Grayson County, Ray S. Grisham, J.

Barrett Keith Brown, Law Offices of Barrett Keith Brown, Sherman, for Appellant.

Thomas H. Fowler, Assistant County Attorney, Sherman, for State.

Before THOMAS, C.J., and BRIDGES and ROACH, JJ.

OPINION

THOMAS, Chief Justice

Richard Chester Wright appeals a pretrial order revoking his bond. Appellant was arrested for felony driving while intoxicated and released on bond January 10, 1997. The State subsequently moved to revoke appellant's bond for failure to comply with conditions of bail. After hearing, appellant's bond was revoked, giving rise to this appeal. The State contends that because the order revoking bond is an interlocutory order, this Court lacks jurisdiction over the appeal. We agree.

As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. See Ex parte Shumake, 953 S.W.2d 842, 844 (Tex.App.-Austin 1997, no pet.). Intermediate appellate courts have no jurisdiction to review interlocutory orders absent express authority. See Ex parte Apolinar v. State, 820 S.W.2d 792, 794 (Tex.Crim.App. 1991); McKown v. State, 915 S.W.2d 160, 161 (Tex.App.-Fort Worth 1996, no pet.). Narrow exceptions exist to this general rule:

• appeals while on unadjudicated community supervision, see Kirk v. State, 942 S.W.2d 624, 625 (Tex.Crim.App. 1997); Dillehey v. State, 815 S.W.2d 623, 626 (Tex.Crim.App. 1991);

• denial of a motion to reduce bond, see TEX.R.APP. P. 31.1 (former rule 44(a)); Clark v. Barr, 827 S.W.2d 556, 557 (Tex.App.-Houston [1st Dist.] 1992);

• denial of habeas corpus relief in extradition cases, see McPherson v. State, 752 S.W.2d 178, 179 (Tex.App. — San Antonio, pet. ref'd, untimely filed);

• denial of habeas corpus relief while on unadjudicated community supervision, see Ex parte McCullough, 966 S.W.2d 529, 531 (Tex.Crim.App. 1998);

• denial of pretrial applications of writs of habeas corpus alleging double jeopardy, see Ex parte Robinson, 641 S.W.2d 552, 555 (Tex.Crim.App. [Panel Op.] 1982).

This appeal does not fall within one of the exceptions to the rule, nor are we inclined to construe rule 31.1 of the rules of appellate procedure to encompass a direct appeal of a pretrial order revoking bond. See TEX.R.APP. P. 31.1; see also Ex parte Shumake, 953 S.W.2d at 846-47 (pretrial order raising bail not appealable order). We conclude this Court is without jurisdiction to entertain this appeal.

Accordingly, we DISMISS this appeal for want of jurisdiction.

Summaries of

Wright v. State

Court of Appeals of Texas, Dallas
May 15, 1998
969 S.W.2d 588 (Tex. App. 1998)

holding no jurisdiction over appeal from pretrial order revoking bond

Summary of this case from Chestang v. State

cataloging appealable orders

Summary of this case from Bowman v. State

setting out types of appealable interlocutory orders

Summary of this case from Fineberg v. State

listing appealable interlocutory orders and concluding determination to revoke bond not appealable

Summary of this case from Jones v. State

listing exceptions to general rule

Summary of this case from Smith v. State

stating that appellate court may consider appeals by criminal defendants only after conviction

Summary of this case from Butler v. State

identifying types of appealable interlocutory orders

Summary of this case from Leal v. State

noting types of appealable interlocutory orders

Summary of this case from Leal v. State

identifying some orders denying pre-trial habeas corpus relief that may be appealed

Summary of this case from Su Thanh Nguyen v. State

noting types of appealable interlocutory orders

Summary of this case from Larrain v. State

identifying types of appealable interlocutory orders

Summary of this case from Cooper v. State

identifying types of appealable orders

Summary of this case from Johnson v. State

listing appealable interlocutory orders

Summary of this case from Gautreaux v. State

announcing that the court was not "inclined to construe rule 31.1 . . . to encompass a direct appeal of a pretrial order revoking bond"

Summary of this case from Daley v. State

identifying what may be brought by interlocutory appeal

Summary of this case from Ex Parte Conger

listing narrow exceptions to rule that appellate courts have no jurisdiction to review interlocutory orders absent express authority

Summary of this case from Hudson v. State

setting out types of appealable interlocutory orders

Summary of this case from Florance v. State

setting out types of appealable interlocutory orders

Summary of this case from Kearny v. State

setting out types of appealable interlocutory orders

Summary of this case from Summers v. State

identifying the types of interlocutory orders that are appealable

Summary of this case from Rainer v. State

identifying the types of interlocutory orders that are appealable

Summary of this case from Petty v. State

identifying the types of interlocutory orders that are appealable

Summary of this case from Petty v. State
Case details for

Wright v. State

Case Details

Full title:Richard Chester WRIGHT, Appellant, v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Dallas

Date published: May 15, 1998

Citations

969 S.W.2d 588 (Tex. App. 1998)

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