DISMISS; and Opinion Filed February 27, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01663-CR
EX PARTE BRIAN CLONINGER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. WX13-90036-V
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Lewis
Opinion by Justice Lang-Miers
Appellant is charged by indictment with injury to a child resulting in serious bodily
injury. See TEX. PENAL CODE ANN. § 22.04(a) (West 2011). Bond was initially set at
$2,282,000. After a series of hearings, the trial court set appellant’s bond at $500,000 cash or
$2,500,000 surety. Appellant filed a pretrial “application for writ of habeas corpus” seeking bail
reduction, arguing the bail is excessive pursuant to Texas Code of Criminal Procedure article
17.151. After a hearing, the trial court ordered appellant’s bail would continue at $500,000.
This appeal followed.
In two issues, appellant asserts the trial court abused its discretion by denying the bail
reduction because the amount set is excessive and oppressive in violation of the Texas Code of
Criminal Procedure and the United States and Texas Constitutions. On February 5, 2014, the
Texas Court of Criminal Appeals held there is no constitutional or statutory authority granting
the courts of appeals jurisdiction to review interlocutory appeals regarding excessive bail or the
denial of bail. Ragston v. State, No. PD-0824-13, 2014 WL 440964 (Tex. Crim. App. Feb. 5,
2014). Accordingly, we lack jurisdiction to consider appellant’s interlocutory appeal of the trial
court’s ruling on his pretrial motion for bail reduction. Id.
We dismiss this appeal for want of jurisdiction.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
131663F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EX PARTE BRIAN CLONINGER On Appeal from the 292nd Judicial District
Court, Dallas County, Texas
No. 05-13-01663-CR Trial Court Cause No. WX13-90036-V.
Opinion delivered by Justice Lang-Miers.
Justices Myers and Lewis participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED for want of
jurisdiction.
Judgment entered this 27th day of February, 2014.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
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