Date: 09-25-2020

Case Style:

Case Number: 02-20-00096-CR

Judge: Dana Womack

Court: Court of Appeals Second Appellate District of Texas at Fort Worth

Plaintiff's Attorney: Joseph W. Spence

Defendant's Attorney:

Description: Fort Worth, Texas, Criminal justice attorney, Order Denying Bail

Appellant Damon Cole attempts to appeal from the trial court’s order granting
the State’s pretrial “Motion to Deny Bond.” Via letter, we notified Cole of our
concern that we lack jurisdiction to consider the trial court’s order because it is not
appealable. See Tex. R. App. P. 44.3; Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim.
App. 2014). This court also informed Cole that unless he or any party desiring to
continue the appeal filed with this court a response showing grounds for continuing
the appeal, the appeal may be dismissed. See Tex. R. App. P. 44.3. Cole did not file a
response.
Generally, this court has jurisdiction to consider appeals by criminal defendants
only after a judgment of conviction. See McKown v. State, 915 S.W.2d 160, 161 (Tex.
App.—Fort Worth 1996, no pet.); see also Workman v. State, 343 S.W.2d 446, 447 (Tex.
Crim. App. 1961). 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) (explaining that court of appeals does have
jurisdiction over appeal from denial of pretrial habeas corpus application seeking bail
reduction) (mem. op., not designated for publication), pet. dism’d, No. PD-0677-16,
2017 WL 1089960 (Tex. Crim. App. Mar. 22, 2017) (per curiam) (not designated for
publication).

Outcome: Because Cole 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.1

Plaintiff's Experts:

Defendant's Experts:

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