Ex Parte Riley Smith

• Court: Court of Appeals of Texas
• Decided: May 12, 2021
• Docket: 10-21-00097-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00097-CR No. 10-21-00103-CR

EX PARTE RILEY SMITH

From the 440th District Court Coryell County, Texas Trial Court Nos. 20-26,318 and 19-25,749 Writ No. DC-21-52,105

MEMORANDUM OPINION

In two appeals, Riley Smith attempts to contest the trial court's decision to deny

Smith’s petition for writ of habeas corpus, case number DC-21-52,105, which challenged

the amount of bail in two criminal cases. 1 Because the "order" complained of is only a

docket entry, there is no final order to be appealed. See TEX. R. APP. P. 26.2 (a); see also

Stark v. Miller, 63 Tex. 164 (1885) (entries made by a trial judge on his docket form no part

of the record).

1Generally, a writ application should be filed with regard to each proceeding in which the amount of bail, or the failure to set, is contested. Bail in each criminal proceeding should stand on its own and be challenged separately. Thus, the best procedure would be an application, record, and order in each of the two criminal proceedings rather than having multiple criminal proceedings being the subject of a single writ proceeding. Accordingly, these appeals are dismissed for want of jurisdiction without

prejudice to Smith filing a new notice of appeal if a written order is signed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Neill, and Justice Johnson Appeals dismissed Opinion delivered and filed May 12, 2021 Do not publish [OT06]

Ex parte Smith Page 2