Opinion

Ex Parte Henderson

  • 565 S.W.2d 50
Court
Court of Criminal Appeals of Texas
Filed
Apr 26, 1978
Status
Published
Author
Odom
On the bench
Douglas, Onion, Odom, Roberts, Phillips
Cited by
7 cases

holding that trial court’s judgment in habeas corpus proceeding will be affirmed if appellant fails to request or, if appellant is able to do so, pay for reporter’s record

How later courts described this case

  • holding that trial court’s judgment in habeas corpus proceeding will be affirmed if appellant fails to request or, if appellant is able to do so, pay for reporter’s record
  • holding that trial court’s judgment in habeas corpus proceeding will be affirmed if appellant fails to request or pay, if appellant is able to do so, for reporter’s record
  • appellate court considers the complete record before the trial court to determine whether there was an abuse of discretion in the amount of bail set

Written by the judges who cited it.

The opinion

OPINION ON APPELLANT’S MOTION FOR REHEARING

Before the court en banc.

ODOM, Judge.

This is an appeal from an order in a habeas corpus proceeding denying a reduction of bail pending appeal.

On original submission the judgment was affirmed because the record did not include *57 a transcription of the court reporter’s notes. By motion for rehearing it has been made to appear that appellant did secure a transcript of the court reporter’s notes and did present that material to the clerk for inclusion in the record on appeal, yet the clerk failed to enclose it when the record was sent to this Court. The complete record is now before the Court and will be considered.

The record reflects appellant was convicted by a jury of four offenses joined for trial. The indictments alleged the same date for the commission of the three robberies and one aggravated assault on the arresting police officer. Punishment was ten years in each, to run concurrently. Bail was set at $10,000 in each case.

Appellant was the only witness to testify at the hearing on the application for a reduction of bail. He testified regarding his family ties to the community, his work history and time in the service, and absence of a prior criminal record. He also testified that his family members are willing to help him make bail, and that $2500 per case, or a total of $10,000, is the amount they would be able to make.

In view of the fact that appellant was found guilty in four cases, we do not consider $40,000 bail to be excessive.

We find no abuse of discretion and deny relief.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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