Opinion
03-23-00656-CR
11-15-2023
Samuel Ryan West, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 466TH DISTRICT COURT OF COMAL COUNTY, NO. CR2023-520, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Kelly and Theofanis.
MEMORANDUM OPINION
Darlene Byrne, Chief Justice.
Appellant Samuel Ryan West filed a pro se pretrial writ of habeas corpus in the trial court seeking reduction of bond. See Tex. Code Crim. Proc. art. 17.151. Based on our review of the record, West's habeas petition is still pending in the trial court. On appeal, West contends that the trial court orally told him that the application would be dismissed and challenges this anticipated ruling.
We lack jurisdiction when an applicant attempts to directly appeal on the ground that the trial court will not or has not ruled on a pretrial habeas application. See Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983); cf. In re Muhammad, No. 08-22-00033-CR, 2022 WL 2207516, at *3 (Tex. App.-El Paso June 21, 2022, no pet.) (noting that appellate courts have jurisdiction to hear such claims in writs of mandamus). We also lack jurisdiction regarding interlocutory review of denials to reduce bond. Ex parte Shumake, 953 S.W.2d 842, 846 (Tex. App.-Austin 1997, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 43.2(f).
Dismissed for Want of Jurisdiction