Ex Parte: Demond Jones, 05-21-00041-CR

Demond Jones was jailed on a murder charge and, after 90 days, filed an application for writ of habeas corpus under Tex. Code Crim. Proc. art. 17.151 seeking release on personal bond or reduced bail and a separate “Request for Immediate Relief.”
The clerk’s record contains an order dated December 9, 2020 denying the request for immediate relief; that order does not address the habeas application and lacks the trial court’s physical signature. No separate written order disposing of the habeas application appears in the record.
The trial court certified that Jones had no right to appeal the denial of the interlocutory motion because denials of pretrial motions complaining of excessive bail are not appealable.
The court of appeals noted it has no jurisdiction to review interlocutory denials of bail motions and that Jones’s January 19, 2021 notice of appeal was untimely as to the December 9 order; the court also explained appeals from habeas rulings are permissible only when there is a written, appealable order.
The court gave Jones time to file a supplemental clerk’s record showing a final habeas order or a letter brief explaining jurisdiction; nothing was filed, and the court dismissed the appeal for lack of jurisdiction on July 14, 2021.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court may review the trial court’s denial of Jones’s ``Request for Immediate Relief'' (interlocutory bail motion)	Jones sought appellate review via his notice of appeal	Denial of an interlocutory motion complaining of excessive bail is not appealable	Dismissed for lack of jurisdiction; interlocutory denial not appealable and notice was untimely
Whether the court may review the habeas application for release absent a written appealable order	Jones argued his habeas application sought release under art. 17.151 and is subject to appellate review	No written, final order adjudicating the habeas application was entered, so no appealable order exists	Dismissed for lack of jurisdiction; appealable written order required before appellate review

Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014) (orders denying pretrial motions addressing bail are not appealable)
Ex parte Gill, 413 S.W.3d 425 (Tex. Crim. App. 2013) (court of appeals may review denial of pretrial habeas relief seeking personal bond or bail reduction)
State v. Sanavongxay, 407 S.W.3d 252 (Tex. Crim. App. 2012) (a written order is required for appellate review)
State ex rel. Sutton v. Bage, 822 S.W.2d 55 (Tex. Crim. App. 1992) (the phrase "entered by the court" encompasses the signing of a written order)
Henderson v. State, 153 S.W.3d 735 (Tex. App.—Dallas 2005) (a notice of appeal cannot confer jurisdiction when no appealable order exists)