Ex Parte Hector Arturo Campos
14-17-00492-CR
| Tex. App. | Oct 24, 2017Background
- Campos was indicted for murder; bond originally set at $50,000.
- On May 25, 2017 the State moved to revoke and increase bail; after a May 30 hearing the trial court revoked bond and set bail at $175,000.
- Campos filed a pretrial application for writ of habeas corpus seeking bail reduction.
- On June 12, 2017 the trial court signed an "order of setting" (typewritten) scheduling a habeas hearing; handwritten on the form were the words "Denied" and "Held hearing on May 30, 2017." No signed writ or signed ruling on the merits appears in the record.
- Campos appealed, identifying both the May 30 oral order revoking and increasing bond and the June 12 order "denying" the habeas application. The State moved to dismiss for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the interlocutory order revoking bond and resetting bail is appealable | Campos seeks to appeal the May 30 oral order revoking bond and setting $175,000 bail | State contends interlocutory appeals from such bail-revocation orders are not authorized | Court: No jurisdiction — interlocutory appeal does not lie from an order revoking and increasing bail |
| Whether the June 12 order denying issuance of a writ of habeas corpus is appealable | Campos contends the June 12 order effectively denied his habeas claim after a hearing and is appealable | State contends there is no right to appeal a refusal to issue a writ when the court did not rule on the merits | Court: No jurisdiction — record does not show the trial court ruled on the merits or issued a writ; refusal to issue a writ without a merits ruling is not appealable |
Key Cases Cited
- State ex rel. Lykos v. Fine, 33 S.W.3d 904 (Tex. Crim. App. 2011) (appeals in criminal cases are permitted only when statutorily authorized)
- State v. Sellers, 790 S.W.2d 316 (Tex. Crim. App. 1990) (appellate review generally follows conviction)
- Ragston v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014) (no interlocutory appeal from order revoking or modifying bail)
- Ex parte Hargett, 819 S.W.2d 866 (Tex. Crim. App. 1991) (no appeal from refusal to issue writ when court did not decide merits; appeal possible if court rules on merits)
- Ex parte Moorehouse, 614 S.W.2d 450 (Tex. Crim. App. 1981) (refusal to issue habeas writ not appealable absent merits ruling)
- Ex parte Villanueva, 252 S.W.3d 391 (Tex. Crim. App. 2008) (remedies when trial court refuses to issue writ include presenting application to another judge or seeking mandamus)