Ishmal Beard v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 13, 2022
• Docket: 04-22-00027-CR
• Status: Published

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas January 13, 2022

No. 04-22-00027-CR

Ishmal BEARD, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR3901 Honorable Kevin M. O'Connell, Judge Presiding

ORDER On November 10, 2019, appellant was released under a personal recognizance bond setting a bond in the amount of $12,500. In March 2020, the grand jury returned a true bill of indictment. On September 22, 2021, the bond officer submitted a first violation report stating appellant was non-compliant. That day, the trial court signed an order that doubled the bond to $25,000. On January 10, 2022, appellant pro se filed a “notice of appeal” that fails to identify what appellant intends to appeal. The trial court clerk confirmed to this court that appellant is presently set for trial on January 28, 2022. The clerk’s record was filed on January 12, 2022. The clerk’s record does not contain a final appealable order. As a general rule, a criminal defendant’s right of appeal is limited to an appeal from a final judgment of conviction. See TEX. CODE CRIM. PROC. art. 44.02; see also State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) (“A defendant’s general right to appeal under [article 44.02] and its predecessors has always been limited to appeal from a ‘final judgment,’ though the statute does not contain this limitation on its face.”). Moreover, “[t]he courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law.” Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (quoting Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991)). We do not have jurisdiction to consider an appeal from an interlocutory pretrial order increasing bail because such jurisdiction has not been expressly granted by statute. See Ex parte Herrera, 04-18-00020-CR, 2018 WL 1733123, at *2 (Tex. App.—San Antonio Apr. 11, 2018, no pet.) (not designated for publication). The notice of appeal does not indicate what appellant intends to appeal, and the record does not reflect either a final appealable order or an interlocutory order on which an immediate appeal is authorized. We, therefore, ORDER appellant to show cause no later than January 27, FILE COPY

2022 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of January, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court