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McCarver v. State

The Legislature has not provided courts of appeals with jurisdiction over direct appeals from interlocutory pretrial orders involving bail. Texarkana Court of Appeals, No. 06-08-00112-CR.

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Before Morriss, C.J., Carter and Moseley, JJ.

OPINION

Robert Lynn McCarver, charged with sexual assault, has filed an attempted direct appeal from an order setting bail. A motion was filed on his behalf wherein bail was requested to be set at $10,000.00; after a hearing on this request, the bail was set by the trial court at $200,000.00, twenty times the requested amount. A second order was also signed by the trial court which reiterated the $200,000.00 bail, but also mandated further requirements for the posting of bail: the bond as posted must be approved by the trial judge, and M. Mark Lesher was specifically prohibited from acting as surety on McCarver’s bond.

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