TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00813-CR
Wesley Perkins, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 3 OF TRAVIS COUNTY
NO. C-1-CR-13-200882, HONORABLE JOHN LIPSCOMBE, JUDGE PRESIDING
MEMORANDUM OPINION
Wesley Perkins filed a notice of appeal from the trial court’s pretrial order increasing
his bond and the “effective denial of his special appearance” in the underlying prosecution for the
offense of driving while license invalid. See Tex. Transp. Code § 521.457.
We do not have jurisdiction to review interlocutory orders in a criminal appeal absent
express statutory authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). And
this Court has ruled that we lack jurisdiction over a direct appeal from an interlocutory pretrial order
on a motion to increase a bond. Ex parte Shumake, 953 S.W.2d 842, 846-47 (Tex. App.—Austin
1997, no pet.).
As such, we notified the parties that it appeared we lacked jurisdiction over
this appeal and requested a response to this jurisdictional issue. Perkins’s response that this is an
interlocutory appeal of a civil matter is unpersuasive and does not demonstrate our jurisdiction
because the record reflects a criminal prosecution. See Tex. Civ. Prac. & Rem. Code § 51.014(f)
(authorizing trial courts to issue written orders granting permission to appeal otherwise unappealable
interlocutory orders in certain civil cases). Accordingly, we dismiss this appeal for want of
jurisdiction. See Tex. R. App. P. 43.2(f).
Jeff Rose, Justice
Before Chief Justice Jones, Justices Pemberton and Rose
Dismissed for Want of Jurisdiction
Filed: January 15, 2014
Do Not Publish
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