Ex Parte Gale Corbett Hutchinson ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00150-CR
EX PARTE GALE CORBETT
HUTCHINSON
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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION1
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Appellant Gale Corbett Hutchinson filed a pro se notice of appeal,
indicating that he wished to appeal the “no bail” bond amount set by the trial
court as of April 13, 2011. On April 14, 2011, however, the trial court entered an
order setting bail at $200,000.00. Because bail has now been set, we dismiss
this appeal for want of jurisdiction.
1
See Tex. R. App. P. 47.4.
On May 19, 2011, we notified Hutchinson’s appointed attorney of our
concern that we lacked jurisdiction over this appeal because bail has now been
set, and we informed him that this appeal was subject to dismissal unless he or
any party desiring to continue this appeal filed a response with this court by May
31, 2011, showing grounds for continuing the appeal. See Tex. R. App. P. 44.3.
On April 27, 2011, Hutchinson’s appointed attorney filed “Appellant’s Response
Regarding Jurisdiction for Pro Se Appeal,” explaining that Hutchinson’s appeal of
the no bail bond amount is moot because the trial court has set bail. See Criner
v. State, 878 S.W.2d 162, 163–64 (Tex. Crim. App. 1994). Hutchinson also filed
a pro se response, but it did not show grounds for continuing the appeal.
Accordingly, we dismiss this appeal for want of jurisdiction.2 See Tex. R.
App. P. 43.2(f).
PER CURIAM
PANEL: WALKER, MCCOY and MEIER, J.J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 16, 2011
2
Hutchinson’s appeal from the order setting bail at $200,000, appellate
cause number 02-11-00176-CR, is not affected by this dismissal.
2