Ex Parte Riley Smith ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00097-CR
No. 10-21-00103-CR
EX PARTE RILEY SMITH
From the 440th District Court
Coryell County, Texas
Trial Court Nos. 20-26,318 and 19-25,749
Writ No. DC-21-52,105
MEMORANDUM OPINION
In two appeals, Riley Smith attempts to contest the trial court's decision to deny
Smith’s petition for writ of habeas corpus, case number DC-21-52,105, which challenged
the amount of bail in two criminal cases. 1 Because the "order" complained of is only a
docket entry, there is no final order to be appealed. See TEX. R. APP. P. 26.2 (a); see also
Stark v. Miller, 63 Tex. 164 (1885) (entries made by a trial judge on his docket form no part
of the record).
1Generally, a writ application should be filed with regard to each proceeding in which the amount of bail,
or the failure to set, is contested. Bail in each criminal proceeding should stand on its own and be
challenged separately. Thus, the best procedure would be an application, record, and order in each of the
two criminal proceedings rather than having multiple criminal proceedings being the subject of a single
writ proceeding.
Accordingly, these appeals are dismissed for want of jurisdiction without
prejudice to Smith filing a new notice of appeal if a written order is signed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Neill, and
Justice Johnson
Appeals dismissed
Opinion delivered and filed May 12, 2021
Do not publish
[OT06]
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