Curley J. Boykin v. State

Opinion issued April 12, 2012.

 

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO. 01-11-01117-CR

____________

 


CURLEY JAMES BOYKIN, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1319594

 

 


MEMORANDUM OPINION


          Appellant, Curley James Boykin, has filed a “Motion to Appeal Bail Ruling and to Reduce Bail.”  See Tex. Const. art. I, § 11a; Tex. Code Crim. Proc. Ann. art. 17.01, 17.15, 17.21 (West 2005 & Supp. 2011). 

          We dismiss the motion.

On September 12, 2011, the trial court granted the State’s motion for denial of bail.  See Tex. Const. art. I, § 11a.  On December 6, 2011, more than 60 days after the trial court entered its order, appellant moved the trial court to set a reasonable bail.   No order on this motion appears in the record.  Nevertheless, appellant asserts that, on December 6, 2011, the trial court set bail in the amount of $150,000. 

To the extent that appellant seeks to initiate an original habeas corpus proceeding in this Court to reduce his bail, we lack jurisdiction to entertain it.  See Tex. Const. art. V, § 6; Tex. Code Crim. Proc. Ann. art. 4.03, 11.07 § 2 (West 2004); Tex. Gov’t Code Ann. § 22.221 (West Supp. 2011); Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, no pet.); Chavez v. State, 132 S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.); cf. Tex. R. App. P. 31.1 (pertaining to appellate review of a judgment or order in a habeas corpus or bail proceeding).

To the extent that appellant attempts to appeal an order setting his bail at $150,000, the record, which was filed in this Court on February 15, 2012, contains no such order.  Unless a written signed order of the trial court appears in the record, we have no jurisdiction over an appeal.  See Broussard v. State, 01-10-00458-CR, 2010 WL 4056861, *2 (Tex. App.—Houston [1st Dist.] Oct. 14, 2010, no pet.) (not designated for publication); Wallace v. State, Nos. 12-01-00353-CR, 12-01-00354-CR, 2002 WL 657396, *1 (Tex. App.—Tyler April 12, 2002, no pet.) (not designated for publication); Lowe v. State, No. 14-00-01110-CR, 2001 WL 101771, *2 (Tex. App.—Houston [14th Dist.] Feb. 8, 2001, no pet.) (not designated for publication); cf. Tex. R. App. P. 34.5(a)(5) (requiring copy of order that is being appealed to appear in record).

On March 9, 2012, we notified appellant that his appeal was subject to dismissal for want of jurisdiction unless, by March 19, 2012, he filed a response showing grounds for continuing the appeal.  Appellant did not respond.

Accordingly, we dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.

 

Do not publish.  Tex. R. App. P. 47.2(b).