Bryan Keith Gutierrez v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: April 8, 2026
• Docket: 04-26-00160-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00160-CR

Bryan Keith GUTIERREZ, Appellant

v.

The STATE of Texas, Appellee

From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 25-09-00102-CRK Honorable Jennifer Dillingham, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Velia J. Meza, Justice

Delivered and Filed: April 8, 2026

DISMISSED FOR WANT OF JURISDICTION

The clerk’s record reflects that on March 2, 2026, appellant filed a “Motion for Bond

Relief” in this court, appearing to challenge the amount set as bail and requesting that several

indictments against him be quashed. The record does not reflect a judgment of conviction. We

liberally construe appellant’s motion as a notice of appeal. See TEX. R. APP. P. 25.2.

“Jurisdiction must be expressly given to the courts of appeals in a statute.” Ragston v. State,

424 S.W.3d 49, 52 (Tex. Crim. App. 2014). “There is no constitutional or statutory authority 04-26-00160-CR

granting the courts of appeals jurisdiction to hear interlocutory appeals regarding excessive bail or

the denial of bail.” Id. And we have no jurisdiction to review an interlocutory order denying a

motion to quash an indictment. Ex parte Alvear, 524 S.W.3d 261, 263 (Tex. App.—Waco 2016,

no pet.).

We accordingly ordered appellant to show cause why this appeal should not be dismissed

for lack of jurisdiction. Appellant did not respond. We dismiss this appeal for lack of jurisdiction.

DO NOT PUBLISH

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