John Matthews v. The State of Texas--Appeal from 1A District Court of Jasper County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00041-CR _________________ JOHN MATTHEWS, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________________ On Appeal from the 1A District Court Jasper County, Texas Trial Cause No. 30395 _____________________________________________________________________ MEMORANDUM OPINION John Matthews is charged with capital murder in Cause No. 30395. Matthews filed a motion to set bond. After conducting an evidentiary hearing, the trial court signed an order denying the motion on grounds that proof of guilt is evident. See TEX. CONST. Art. I, ยง 11. Matthews filed notice of appeal from the order denying bail. We questioned our jurisdiction and requested responses from the parties. In his response, Matthews argues that as a matter of judicial economy an order on a motion to set a bond should be treated as a final decision for purposes of appeal. This is, however, a matter of jurisdiction. The trial court s writ of habeas corpus jurisdiction must be invoked by following the proper procedure found in Chapter 11 of the Texas Code of Criminal 1 Procedure. Jordan v. State, 54 S.W.3d 783, 786 (Tex. Crim. App. 2001). We lack appellate jurisdiction over a direct appeal from an interlocutory pretrial order involving bail. Keaton v. State, 294 S.W.3d 870, 873 (Tex. App.--Beaumont 2009, no pet.). Accordingly, we dismiss the appeal. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Opinion Delivered March 31, 2010 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2
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