Moses Gonzalez v. State ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-20-00119-CR
___________________________
MOSES GONZALEZ, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 1
Tarrant County, Texas
Trial Court No. 1630377D
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Moses Gonzalez attempts to appeal from the trial court’s order granting the
State’s pretrial “Motion to Hold Defendant Without Bond.” Via letter, we notified
Gonzalez of our concern that we lack jurisdiction to consider the trial court’s order
because it is not appealable. See Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App.
2014). This court also informed Gonzalez that unless he or any party desiring to
continue the appeal filed a response showing grounds for continuing the appeal, the
appeal may be dismissed. See Tex. R. App. P. 44.3. Gonzalez did not file a response.
We do not have jurisdiction to hear interlocutory appeals from pretrial orders
regarding the denial of bond sought by motion. Ragston, 424 S.W.3d at 52. But cf.
Ex parte Peyton, No. 02-16-00029-CR, 2016 WL 2586698, at *1 n.2 (Tex. App.—Fort
Worth May 5, 2016) (mem. op., not designated for publication) (explaining that court
of appeals does have jurisdiction over appeal from denial of pretrial habeas corpus
application seeking bail reduction), pet. dism’d, No. PD-0677-16, 2017 WL 1089960 (Tex.
Crim. App. Mar. 22, 2017) (per curiam) (not designated for publication). Because
Gonzalez is attempting to appeal the trial court’s pretrial order denying him bond on
the State’s motion, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
43.2(f); Ragston, 424 S.W.3d at 52.
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: October 1, 2020
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