Summary
In Langlais, even though the defendant had filed a pretrial "Motion to Reduce Bond and Application for Writ of Habeas Corpus" and the record contained a "Certificate of Proceedings" denying the filing, this court expressed concerns that the record did not demonstrate that the trial court had signed a formal, appealable order.
Summary of this case from Ex parte DarnellOpinion
NO. 02-17-00248-CR
09-28-2017
JESSICA LANGLAIS APPELLANT v. THE STATE OF TEXAS STATE
FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
TRIAL COURT NO. 1499902D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
On June 8, 2017, Jessica Langlais filed in the trial court a "Motion to Reduce Bond and Application for Writ of Habeas Corpus." On June 12, 2017, the trial court heard Langlais's motion and, according to a "Certificate of Proceedings," denied it. The trial court did not, however, sign a formal order. On June 15, 2017, Langlais filed a notice of appeal.
On August 9, 2017, we sent a clerk's letter questioning our jurisdiction on two bases. First, we noted the absence of a signed, written order. See State v. Wachtendorf, 475 S.W.3d 895, 904 (Tex. Crim. App. 2015); Ex parte Wiley, 949 S.W.2d 3, 4 (Tex. App.—Fort Worth 1996, no pet.). Next, we noted that we did not have jurisdiction over the denial of a pretrial motion to reduce bond. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); but cf. Ex parte Peyton, No. 02-16-00029-CR, 2016 WL 2586698, at *1 n.2 (Tex. App.—Fort Worth May 5, 2016) (explaining that court of appeals has jurisdiction over appeal from denial of pretrial habeas corpus application seeking bail reduction) (mem. op., not designated for publication), pet. dism'd, No. PD-0677-16, 2017 WL 1089960 (Tex. Crim. App. Mar. 22, 2017) (not designated for publication).
Also in the clerk's letter, we informed the parties that if they did not file a response by August 21, 2017, we might dismiss the appeal for want of jurisdiction. As of today's date, neither party has filed a response.
Accordingly, we dismiss this appeal for want of jurisdiction for want of a signed, written order. See Wachtendorf, 475 S.W.3d at 904; Wiley, 949 S.W.2d at 4.
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE PANEL: WALKER, KERR, and PITTMAN, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: September 28, 2017