Wesley Perkins v. The State of TexasAppeal from County Court at Law No. 3 of Travis County (memorandum opinion )
Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00813-CR Wesley Perkins, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 3 OF TRAVIS COUNTY NO. C-1-CR-13-200882, HONORABLE JOHN LIPSCOMBE, JUDGE PRESIDING MEMORANDUM OPINION Wesley Perkins filed a notice of appeal from the trial court s pretrial order increasing his bond and the effective denial of his special appearance in the underlying prosecution for the offense of driving while license invalid. See Tex. Transp. Code § 521.457. We do not have jurisdiction to review interlocutory orders in a criminal appeal absent express statutory authority. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). And this Court has ruled that we lack jurisdiction over a direct appeal from an interlocutory pretrial order on a motion to increase a bond. Ex parte Shumake, 953 S.W.2d 842, 846-47 (Tex. App. Austin 1997, no pet.). As such, we notified the parties that it appeared we lacked jurisdiction over this appeal and requested a response to this jurisdictional issue. Perkins s response that this is an interlocutory appeal of a civil matter is unpersuasive and does not demonstrate our jurisdiction because the record reflects a criminal prosecution. See Tex. Civ. Prac. & Rem. Code § 51.014(f) (authorizing trial courts to issue written orders granting permission to appeal otherwise unappealable interlocutory orders in certain civil cases). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). Jeff Rose, Justice Before Chief Justice Jones, Justices Pemberton and Rose Dismissed for Want of Jurisdiction Filed: January 15, 2014 Do Not Publish 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
