Opinion filed April 4 , 202 4



### In The 

# Eleventh Court of Appeals

_____ _

_____ 

### No. 11

- 2 4

- 00051

- CR

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_____ 

### ROBERTO A

. PINDER , Appellant
V.
THE STATE OF TEXAS , Appellee

On Appeal from the 104 th District Court Taylor County, Texas Trial Court Cause No. 242 82

- B

M E M O R A N D U M O P I N I O N Appellant, Roberto A

. Pinder , has filed a pro se notice of appeal from a purported order denying an application for writ of habeas corpus

. We dismiss the appeal. Appellant attempts to appeal a purported order denying his pro se application for writ of habeas corpus , which he filed pursuant to Article 17.151 of the Texas
Code of Criminal Procedure. See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 17.151, § 1(1) (West 2022 ). Article 17.151, in relevant part, provides that a defendant who is2 accused of a felony offense and detained in jail pending trial must be released on either a personal bond or a reduced bond if the State is not ready for trial on the action that is pending against the defendant within 90 days from the commencement
of his detention. 1 Id. When this appeal was docketed, t he district clerk’s office informed this court that there is no record of a trial court order denying an application for writ of habeas corpus in this cause. As a result, the clerk of this court wrote Appellant and informed him that it did not appear that the trial court had entered an appealable order. We requested that Appellant respond and show grounds t o continue th is appeal. Appellant has responded and filed an amended notice of appeal, but he has not shown grounds upon which this appeal may continue.
A n appellate court has jurisdiction to consider an appeal filed by a criminal
defendant from a final judgment of conviction or as otherwise authorized by law

. Ragston v. State , 424 S.W.3d 49, 51

– 52 (Tex. Crim. App. 2014); Abbott v. State , 271 S.W.3d 694, 6 96

– 97 (Tex. Crim. App. 2008)

. At the time that Appellant filed his notice of appeal and amended not ice of appeal , the trial court had not ruled on

an y pending writ of habeas corpus application pursuant to Article 17.151. Therefore, the trial court has not entered an appealable order in the underlying proceeding.
Mor eover, we do not have jurisdiction to address interlocutory appeals regarding the denial of bail

. Ragston , 424 S.W.3d at 52. In Ragston , as in this case, the defendant attempted to appeal the denial of his motion for a bond reduction and
contended that he was e ntitled to be release d on a personal recognizance bond

1 We note that, in his initial notice of appeal, Appellant attempt ed to appeal the “denial of habeas corpus” in two cause numbers, one of which appear ed to be a misdemeanor

- terroristic

- threat offense. However, Appellant only complain ed of the district court’s purported denial of his habeas application and relie d upon the felony provisions of Article 17.151. Similarly, h is amended notice of appeal and response only address ed the felony cause number. Nevertheless , t he county clerk has informed this court that an application for writ of habeas corpus has n ei t her been filed nor ruled upon in Appellant’s misdemeanor

case.3 pursuant to Article 17.151. Id. at 50

– 51. The Court of Criminal Appeals expressly
addressed the issue of appellate jurisdiction, affirmed the court of appeals ’ dismissal of the appeal for want of jurisdiction, and held that “[t]here is no constitutional or statutory authority granting the courts of appeals jurisdiction to hear interlocutory appeals regarding excessive bail or the denial of bail.” 2 Id. at 51

– 52. Accordingly, because we do no t have jurisdiction to address Appellant’s appeal , w e dismiss this appeal for want of jurisdiction.

W. STACY TROTTER
JUSTICE

April 4 , 202 4 Do not publish. See T EX

. R. A PP

. P. 47.2(b). Panel consists of: Bailey, C.J., Trotter , J., and Will iams , J.

2 We further note that Appellant states that he was indicted within thirty days of his confinement and that the State has announced ready for trial.