Phillip "Baby Shark" Scott v. the State of Texas ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00225-CR
Phillip “Baby Shark” Scott, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF COMAL COUNTY
NO. 2023-CR0165, THE HONORABLE RANDAL C. GRAY, JUDGE PRESIDING
MEMORANDUM OPINION
After reviewing the record in this appeal, this Court’s clerk sent a letter to
appellant Phillip G. “Baby Shark” Scott asking for a response explaining the basis for the Court’s
jurisdiction over what he described in his notice of appeal as an interlocutory appeal. The letter
warned that a failure to respond within ten days with an adequate explanation for this Court’s
exercise of jurisdiction could result in dismissal of this cause for want of jurisdiction. See
Tex. R. App. P. 42.3.
A party in a criminal case may appeal only from judgments of conviction or
interlocutory orders authorized by statute. Mack v. State, 549 S.W.3d 746, 747 (Tex. App.—
Waco 2017, pet. ref’d); see also Tex. Code Crim. Proc. art. 44.02; Tex. R. App. P. 25.2. In his
Notice of Intent to Appeal, Scott contended that this court has jurisdiction to consider an
interlocutory appeal from the denial of a motion to reduce bail. However, the Court of Criminal
Appeals held that “[t]here is no constitutional or statutory authority granting the courts of appeals
jurisdiction to hear interlocutory appeals regarding excessive bail or the denial of bail. Ragston
v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014).
More than ten days have passed since this Court asked Scott to explain the basis
for this Court to exercise jurisdiction over any issue he raised in this interlocutory appeal. He
has not responded, and we find no basis on which to exercise jurisdiction.
We dismiss this appeal. See Tex. R. App. P. 42.3(a).
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Triana and Theofanis
Dismissed for Want of Jurisdiction
Filed: July 26, 2023
Do Not Publish
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