## NO. 12

- 20

- 00034

- CR

IN THE COUR T OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LATRELLE NOSS MOUTON , APPELLANT

V.

THE STATE OF TEXAS , APPELLEE §

§

§ APPE AL FROM THE 114TH

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORA NDUM OPINION PER CURIAM
Latrelle Noss Mouton appeals the trial court’s order granting , in part, her motion to modify bond restrictions . We dismiss for want of jurisdiction.

B ACKG ROUND On November 7, 2019, Appellant was indicted for the offense of engaging in organized criminal activity, a first

- degree felony. 1 The trial court set Appellant’s bond at $100,000. As a condition of Appe llant’s bond, the trial court required Appellan t to submit to weekly drug testing

. 2 On January 8, 2020, Appellant filed a “motion to mod ify bond restrictions” wherein she asked the trial court to modify her bond conditions to permi t her to submit to drug testing every

two weeks , instead of weekly . On January 17, Appellant filed a “memorandum of law in support

1 S ee T EX

. P EN AL C ODE A NN

. § 71.02 (a)(10) (West Supp. 2020). As applicable to the facts of this case, an offense under S ection 71.02(a) is one category higher than the most serious predicate offense listed under subsection (a) that was committed. Id

. § 71 .0 2(b). The most serious predicate offense alleged in this case is money laundering of more than $150,000 but less than $300,000, a second

- degree felon y

. See id. § 34.02(e)(3) (West 2016) (“An offense under this section is...a felony of the secon d degree if the value of the funds is $150,000 or more but less than $300,000...”).

2 “A magistrate may require as a condition of release on bond that the def e ndant subm it to...testing on a weekly basis for the presence of a controlled substance in the d efendant ’s body.” T EX

. C ODE C RIM

. P ROC

. A NN

. art. 17.44(a)(2) (West Supp. 2020).2 of defendant’s motion to modify bond restriction s.” In that filing, Appellant asked the trial court

to completely remove the condition that she submit to drug testing. On January 30, the tria l court conducted a hearing on Appellant’s motion to modify bond restrictions. At the hearing, Appellant asked t he trial court to remove the condition that she submit to drug testing. The trial court announced th at it would grant the motion in part by

al lowing Appellant to submit to drug testing every two weeks, instead of weekly. The trial court signed an order g ranti ng the motion in part and modifying Appellant’s bond conditions to require her to submit to drug testing every two weeks. This appeal fol lowed.

J URISDICTION This appeal arises from the trial court’s order granting Appellant’s motion to modify her

b ond c onditions in part, not from a ruling on an application for writ of habeas corpus. The Legisl ature has not vested appellate courts with ju risdiction to consider direct appeals from interlocutory pretrial bail rulings. Chestang v. State
, No. 12

- 16

- 003 05

- CR , 2017 WL 104637, at *1 (Tex. App.

— Tyler Jan. 11, 2017, no pet.) (mem. op., not designated for publication) (per curiam) ; see also McCarve r v. State , 257 S.W.3d 512, 515 (Tex. App.

–– Texarkana 2008, no pet.). As the court of criminal appeals has expla ined, “[t]here is no constitutional or statutory authority granting the courts of appe als jurisdiction to hear interlocutory appeals regarding

excessive bail or the denial of bail.” Ragston v. State , 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). Accordingly, we la ck jurisdiction to consider Appellant’s appeal from the trial court’s pretrial ba il ruling in this case. See id. ; Thomas v. State
, No. 0 5

- 20

- 00722

- CR, 2020 WL 5757340, at *1 (Tex. App.

— Dallas Sept. 28, 2020, no pet. h.) (mem. op., not designated for publication) ; Olageshin v. State
, No. 04

- 20

- 00057

- CR, 2020 WL 1159065, at *1 (Tex . App.

— San Antonio Mar. 11, 2020, no pet.) (mem. op., not des ignated for publicat ion) (per curiam) ;
Chesta ng , 2017 WL 104637, at *1 ; Bridle v. State , 16 S.W.3d 906, 908 (Tex. App.

— Fort Worth 2000, no pet.)

.

D ISPOSITION
We dismiss Appellant’s appeal for want of jurisdiction.3 B RIAN H OYLE Justice

Opinion deliv e red October 30, 2020. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 30 , 2020

NO. 12

- 20

- 00034

- CR

LA T RELLE NOSS MOUTON , Appellant V. THE STATE OF TEXAS , Appell ee

Appeal from the 114th District Court

of Sm ith County, Texas (Tr.Ct.No. 114

- 1738

- 19 )

TH IS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of th i s Court that this appeal s hould be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Cour t that this appeal be, and the same is, here by dismissed for want of jurisdiction ; and that this dec ision

be certified to the court below for observance

. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

# THE STATE OF TEXA S M A N D A T E

*********************************************

TO THE 114TH DISTRICT COURT OF SMITH COUNTY, GREETING:

Before ou r Court of Appeals for the 12th Court of Appeals District of Texas, on the 28th day of October, 2020 , the cause upon appeal to r evise or reverse your judgment between

LATRELLE NOSS MOUTON , Appellant

NO. 12

- 20

- 00034

- CR ; Trial Court No. 114

- 1738

- 19

Opinio n by Brian Hoyle , Just i ce.

THE STATE OF TEXAS , Appellee

was determined; and therein our said Court made its order in these w or ds:

“Text goes here.”

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeal s District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JA ME S T. WORTHEN , Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, th i s the xx day of October, 2020.

By:

_ ______________________________ KATRINA MCCLENNY , CLERK