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Oscar Cerna v. The State of Texas
Case Number: 07-21-00024-CR
Judge: Per Curiam
Court: Court of Appeals
Seventh District of Texas at Amarillo
Plaintiff's Attorney: Jeffrey S. Ford
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Amarillo, TX - Criminal defense attorney represented Oscar Cerna with a Murder charge.
The minimal record before this court reflects that Appellant was indicted for
murder.1 On November 30, 2020, the trial court issued a bench order purportedly raising
the amount of his bail to $250,000. The bench order was filed with the trial court clerk on
December 8, 2020. Appellant appealed the order.
In criminal cases, we have jurisdiction to consider an appeal from a judgment of
conviction or where jurisdiction has been expressly granted by law. See Abbott v. State,
271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). Because the order raising Appellant’s
bail is neither a judgment of conviction nor an order from which an appeal is specifically
authorized by law, we have no jurisdiction over its appeal.
2 See Ragston v. State, 424
S.W.3d 49, 52 (Tex. Crim. App. 2014) (“There is no constitutional or statutory authority
granting the courts of appeals jurisdiction to hear interlocutory appeals regarding
excessive bail or the denial of bail.”); Keaton v. State, 294 S.W.3d 870, 873 (Tex. App.—
Beaumont 2009, no pet.) (“the Legislature did not provide appellate jurisdiction over a
direct appeal from an interlocutory pretrial order involving bail”).
By letter of January 21, 2021, we directed Appellant to file a response showing
how we have jurisdiction over this appeal by February 1. Appellant has not filed a
response to our letter to date.
Outcome: Accordingly, we dismiss the appeal for want of jurisdiction.