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Seguramartinez v. State

Court of Appeals of Texas, Second District, Fort Worth
May 4, 2023
No. 02-23-00054-CR (Tex. App. May. 4, 2023)

Opinion

02-23-00054-CR

05-04-2023

Jose Seguramartinez, Appellant v. The State of Texas


Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from Criminal District Court No. 2 Tarrant County, Texas Trial Court No. 1737162

Before Sudderth, C.J.; Kerr and Birdwell, JJ.

MEMORANDUM OPINION

BONNIE SUDDERTH, CHIEF JUSTICE

Appellant Jose Seguramartinez has filed a pro se notice of appeal asking us to review his two motions to reduce his bond. But there is no record of a trial court ruling on these motions, much less a final judgment or appealable interlocutory order.

The documents accompanying Appellant's March 2023 notice of appeal reflect that, as of February 2023, he was represented by trial counsel. Appellant's notice of appeal refers to this counsel as his "attorney of record," and although he expresses dissatisfaction with his "attorney of record," it is unclear if Appellant's trial counsel has withdrawn from the case.

Even if the trial court had ruled on Appellant's motions, "[t]here is no constitutional or statutory authority granting the courts of appeals jurisdiction to hear interlocutory appeals regarding [motions challenging] excessive bail or the denial of bail." Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).

Because a final judgment or an appealable order is necessary for this court to obtain jurisdiction, see McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.) (per curiam), we notified Appellant of our concern that we lacked jurisdiction over his appeal. See Tex.R.App.P. 25.2(a)(2); see also Tex.R.App.P. 26.2(a), 27.1(b). We warned that we would dismiss the appeal for want of jurisdiction unless, within ten days, Appellant or any other party showed grounds for continuing the appeal. See Tex.R.App.P. 44.3. More than ten days have passed, and we have not received a response.

Accordingly, we dismiss the appeal for want of jurisdiction. Tex.R.App.P. 43.2(f); see Salas v. State, No. 02-22-00075-CR, 2022 WL 2184574, at *1 (Tex. App.- Fort Worth June 16, 2022, no pet.) (mem. op., not designated for publication) (dismissing due to lack of final judgment or appealable order).


Summaries of

Seguramartinez v. State

Court of Appeals of Texas, Second District, Fort Worth
May 4, 2023
No. 02-23-00054-CR (Tex. App. May. 4, 2023)
Case details for

Seguramartinez v. State

Case Details

Full title:Jose Seguramartinez, Appellant v. The State of Texas

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: May 4, 2023

Citations

No. 02-23-00054-CR (Tex. App. May. 4, 2023)