Opinion
No. 05-13-01663-CR
02-27-2014
EX PARTE BRIAN CLONINGER, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS; and Opinion Filed February 27, 2014.
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. WX13-90036-V
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Lewis
Opinion by Justice Lang-Miers
Appellant is charged by indictment with injury to a child resulting in serious bodily injury. See TEX. PENAL CODE ANN. § 22.04(a) (West 2011). Bond was initially set at $2,282,000. After a series of hearings, the trial court set appellant's bond at $500,000 cash or $2,500,000 surety. Appellant filed a pretrial "application for writ of habeas corpus" seeking bail reduction, arguing the bail is excessive pursuant to Texas Code of Criminal Procedure article 17.151. After a hearing, the trial court ordered appellant's bail would continue at $500,000. This appeal followed.
In two issues, appellant asserts the trial court abused its discretion by denying the bail reduction because the amount set is excessive and oppressive in violation of the Texas Code of Criminal Procedure and the United States and Texas Constitutions. On February 5, 2014, the Texas Court of Criminal Appeals held there is no constitutional or statutory authority granting the courts of appeals jurisdiction to review interlocutory appeals regarding excessive bail or the denial of bail. Ragston v. State, No. PD-0824-13, 2014 WL 440964 (Tex. Crim. App. Feb. 5, 2014). Accordingly, we lack jurisdiction to consider appellant's interlocutory appeal of the trial court's ruling on his pretrial motion for bail reduction. Id.
We dismiss this appeal for want of jurisdiction.
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ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
131663F.U05
JUDGMENT
EX PARTE BRIAN CLONINGER No. 05-13-01663-CR
On Appeal from the 292nd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. WX13-90036-V.
Opinion delivered by Justice Lang-Miers.
Justices Myers and Lewis participating.
Based on the Court's opinion of this date, this appeal is DISMISSED for want of jurisdiction.
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ELIZABETH LANG-MIERS
JUSTICE