The State of Texas v. Brent William Curry

• Court: Texas Court of Appeals, 3rd District (Austin)
• Decided: April 3, 2026
• Docket: 03-26-00309-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00308-CR NO. 03-26-00309-CR NO. 03-26-00310-CR NO. 03-26-00311-CR NO. 03-26-00312-CR

The State of Texas, Appellant

v.

Brent William Curry, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NOS. CR2020-667D, CR2022-063D, CR2024-715D, CR2025-1022D, CR2025-1023D, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

The State filed notices of appeal from “any Trial Court Orders, Rulings, and Bail

Determinations.” See Tex. Code Crim. Proc. art. 44.01(a)(7). The State says that in at least three

of these failure-to-appear cases, the trial court orally granted “PR bonds” to appellee, and that

appealable orders “were apparently entered on or about March 11, 2026.” The Code of Criminal

Procedure allows the state’s appeal of a court order granting bail in an amount that a prosecuting

attorney considers insufficient. Id. The time for a prosecuting attorney’s appeal begins on the

date that the order or ruling to be appealed is “entered by the court,” id. art. 44.01(d), meaning

from “the signing of an order by the trial judge.” State v. Rosenbaum, 818 S.W.2d 398, 402

(Tex. Crim. App. 1991); State v. Abduljabbar, No. 03-24-00708-CR, 2025 WL 492507, at *6 (Tex. App.—Austin Feb. 14, 2025, no pet.) (mem. op., not designated for publication). The

clerk’s records do not contain any written trial-court orders granting PR bonds to appellee.

However, the reporter’s record of a March 11 bond-reduction hearing for three of

these cases contains the trial court’s approval of such bonds: “I’ll approve the personal bonds,

but with the condition to include GPS monitoring to be paid for by the defendant.” Cf.

Abduljabbar, 2025 WL 492507, at *6-7 (declining state’s request for abatement of its appeal and

concluding that there was no existing order to be memorialized in writing on remand where trial

court stated on record that it had not signed any order and was withholding any ruling). Under

the circumstances presented, we abate these appeals and remand these causes to the trial court for

entry of signed orders memorializing its oral ruling approving personal bonds on appellee’s

motions for bail reduction.

It is ordered April 3, 2026.

Before Chief Justice Byrne, Justices Theofanis and Ellis

Abated and Remanded

Filed: April 3, 2026

Do Not Publish