stating that when 2 appellant’s sentence does not exceed the maximum allowed by article 44.04(b) and when appellant’s conviction does not involve a controlled substance, appellant is eligible for consideration by the trial court of bond pending appeal
How later courts described this case
- stating that when 2 appellant’s sentence does not exceed the maximum allowed by article 44.04(b) and when appellant’s conviction does not involve a controlled substance, appellant is eligible for consideration by the trial court of bond pending appeal
- explaining that the court of appeals sets bail before a petition for discretionary review is filed while the Court of Criminal Appeals sets bail after a petition for discretionary review is filed
- referencing the original text of Hunter v. State, No. 770-85 (Tex. Crim. App. Oct. 23, 1985), an opinion withdrawn on the State’s motion for rehearing, which acknowledged that a defendant pursuing an appeal of an order revoking probation is eligible for bail pending appeal if he does not fall within the categories of individuals who may be denied bail under article 44.04(b)
- noting, in an appendix included with the concurring opinion, "that due process requires that the trial court give notice and hold a hearing prior to the denial of bail pending appeal"
Written by the judges who cited it.
The opinion
OPINION ON STATE’S MOTION FOR REHEARING ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
ONION, Presiding Judge.
Appellant’s petition for discretionary review was granted to consider whether the *923 Dallas Court of Appeals correctly sustained the trial court’s decision to raise the bond on appeal of appellant’s conviction for burglary of a building from $10,000 to $50,000. Said bond was raised after a hearing on the State’s written motion to deny bail on appeal at which appellant was represented by both of his attorneys. At the hearing the State orally moved that if requested denial of bail on appeal was overruled the trial court increase the bail on appeal to $250,-000. The appellant objected to the oral motion of the State to increase bail on appeal because the motion was not in writing and no notice had been given appellant. The trial court stated it could increase the bond on its own motion and increased the bond to $50,000. The Court of Appeals held that the court increased the bond on its own motion under Article 44.04(d), V.A. C.C.P., and that when exercising such authority the court is not required to give the defendant either notice or a hearing.
On original submission it was observed that the appellant’s burglary conviction was reversed on appeal by the Dallas Court of Appeals in their Cause No. 05-84-00952-CR and that the State filed its petition for discretionary review. Upon motion to this Court bond was set at $10,000 under Article 44.04(h), Y.A.C.C.P. The issue presented in the instant case was thus held to be moot, and appellant’s petition for discretionary review was ordered dismissed.
In the State’s motion for rehearing complaint was made that this Court, in dismissing the petition because the issue raised was moot, had erred in ruling in effect on the merits of the petition.
We agree that some of the language used in the opinion on original submission was inappropriate to a dismissal of the petition on the grounds of mootness. Such opinion is hereby withdrawn. The issue of bail on appeal is moot, and appellant’s petition for discretionary review is dismissed without comment on the correctness of the decision of the Court of Appeals.