Ex Parte Brian Cloninger v. State, No. 05-13-01663-CR (Tex. App.—Dallas Feb. 27, 2014). · Go Syfert
Ex Parte Brian Cloninger v. State, No. 05-13-01663-CR (Tex. App.—Dallas Feb. 27, 2014). Book View Copy Cite
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Ex Parte Brian Cloninger
v.
State
05-13-01663-CR.
Court of Appeals of Texas.
Feb 27, 2014.
Unpublished opinion
Published
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Do Not Publish TEX.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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