John Nathaniel Thompson v. the State of Texas ( 2021 )


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  • Dismiss and Opinion Filed September 21, 2021
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-21-00751-CR
    JOHN NATHANIEL THOMPSON, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 219th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 219-83205-2021
    MEMORANDUM OPINION
    Before Justices Molberg, Nowell, and Goldstein
    Opinion by Justice Molberg
    John Nathaniel Thompson filed a notice of appeal, seeking to challenge the
    trial court’s “judgment rendered on August 16, 2021.” Filed with the notice of appeal
    are copies of the true bill of indictment and the trial court’s docket sheet. The docket
    sheet shows appellant was indicted on August 21, 2021. Four days later, the trial
    court held a bond reduction hearing. According to the docket sheet, the trial court
    made a “General Docket Entry” that the “bond reduction is denied.” Notably, the
    docket sheet does not show appellant filed an application for a pretrial writ of habeas
    corpus in this case.
    Generally, this Court has jurisdiction to consider appeals by criminal
    defendants only after a judgment of conviction. Wright v. State, 
    969 S.W.2d 588
    ,
    589 (Tex. App.—Dallas 1998, no pet.). We do not have jurisdiction to hear
    interlocutory appeals from pretrial orders regarding the denial or reduction of bond
    sought by motion. Ragston v. State, 
    424 S.W.3d 49
    , 52 (Tex. Crim. App. 2014)
    (courts of appeals lack jurisdiction to review interlocutory orders regarding
    excessive bail or the denial of bail). Furthermore, a written order or judgment is
    necessary for a defendant to perfect an appeal. See State v. Sanavongxay, 
    407 S.W.3d 252
    , 258 (Tex. Crim. App. 2012); Westbrook v. State, 
    753 S.W.2d 158
    , 159‒60 &
    n.1 (Tex. Crim. App. 1988); State v. Shaw, 
    4 S.W.3d 875
    , 878 (Tex. App.–Dallas
    1999, no pet.) (docket sheet entry cannot stand as order).
    Here, the trial court’s docket sheet states the bond reduction was denied but
    the trial court did not sign a written order. Both the lack of a written order and the
    nature of this proceeding, i.e., appealing the denial of bond reduction, deprive this
    Court of jurisdiction.
    We dismiss this appeal for want of jurisdiction.
    /Ken Molberg//
    210751f.u05                                KEN MOLBERG
    Do Not Publish                             JUSTICE
    TEX. R. APP. P. 47.2(b)
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    JOHN NATHANIEL THOMPSON,                    On Appeal from the 219th Judicial
    Appellant                                   District Court, Collin County, Texas
    Trial Court Cause No. 219-83205-
    No. 05-21-00751-CR         V.               2021.
    Opinion delivered by Justice
    THE STATE OF TEXAS, Appellee                Molberg. Justices Nowell and
    Goldstein participating.
    Based on the Court’s opinion of this date, we DISMISS this appeal.
    Judgment entered this 21st day of September, 2021.
    –3–
    

Document Info

Docket Number: 05-21-00751-CR

Filed Date: 9/21/2021

Precedential Status: Precedential

Modified Date: 9/29/2021