John Nathaniel Thompson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 21, 2021
• Docket: 05-21-00751-CR
• Status: Published

Opinion

Dismiss and Opinion Filed September 21, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00751-CR

JOHN NATHANIEL THOMPSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-83205-2021

MEMORANDUM OPINION Before Justices Molberg, Nowell, and Goldstein Opinion by Justice Molberg John Nathaniel Thompson filed a notice of appeal, seeking to challenge the

trial court’s “judgment rendered on August 16, 2021.” Filed with the notice of appeal

are copies of the true bill of indictment and the trial court’s docket sheet. The docket

sheet shows appellant was indicted on August 21, 2021. Four days later, the trial

court held a bond reduction hearing. According to the docket sheet, the trial court

made a “General Docket Entry” that the “bond reduction is denied.” Notably, the

docket sheet does not show appellant filed an application for a pretrial writ of habeas

corpus in this case. Generally, this Court has jurisdiction to consider appeals by criminal

defendants only after a judgment of conviction. Wright v. State, 969 S.W.2d 588,

589 (Tex. App.—Dallas 1998, no pet.). We do not have jurisdiction to hear

interlocutory appeals from pretrial orders regarding the denial or reduction of bond

sought by motion. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014)

(courts of appeals lack jurisdiction to review interlocutory orders regarding

excessive bail or the denial of bail). Furthermore, a written order or judgment is

necessary for a defendant to perfect an appeal. See State v. Sanavongxay, 407 S.W.3d

252, 258 (Tex. Crim. App. 2012); Westbrook v. State, 753 S.W.2d 158, 159‒60 &

n.1 (Tex. Crim. App. 1988); State v. Shaw, 4 S.W.3d 875, 878 (Tex. App.–Dallas

1999, no pet.) (docket sheet entry cannot stand as order).

Here, the trial court’s docket sheet states the bond reduction was denied but

the trial court did not sign a written order. Both the lack of a written order and the

nature of this proceeding, i.e., appealing the denial of bond reduction, deprive this

Court of jurisdiction.

We dismiss this appeal for want of jurisdiction.

/Ken Molberg// 210751f.u05 KEN MOLBERG Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHN NATHANIEL THOMPSON, On Appeal from the 219th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 219-83205- No. 05-21-00751-CR V. 2021. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Nowell and Goldstein participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered this 21st day of September, 2021.

–3–