Ex Parte Brian Cloninger v. State

Opinion

DISMISS; and Opinion Filed February 27, 2014.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-01663-CR

EX PARTE BRIAN CLONINGER, Appellant V.

THE STATE OF TEXAS, Appellee

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.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b)

131663F.U05

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

EX PARTE BRIAN CLONINGER On Appeal from the 292nd Judicial District Court, Dallas County, Texas No. 05-13-01663-CR 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.

Judgment entered this 27th day of February, 2014.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE