Order entered January 20, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01004-CR
NICOLAS STEPHEN LLOYD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-81624-2012
ORDER
A jury convicted appellant of driving while intoxicated third offense, sentenced him to
eight years in prison, and assessed a $2000 fine. On appeal, we concluded the trial court erred
by admitting blood alcohol concentration evidence because appellant did not consent to the
warrantless blood draw and the taking of his blood did not fall under any other recognized
exception to the warrant requirement. Lloyd v. State, No. 05-13-01004-CR, 2014 WL 7249747
(Tex. App.―Dallas Dec. 22, 2014, no pet. h.). We reversed the trial court’s judgment and
remanded for further proceedings consistent with our opinion.
Appellant asks this Court to set bail pending final determination of the appeal under
article 44.04(h) of the code of criminal procedure. See TEX. CODE CRIM. PROC. ANN. art.
44.04(h) (West 2006). Bail is hereby set in the amount of $10,000, and any sureties must be
approved by the trial court. Once bail is posted, the trial court is ORDERED to release
appellant from confinement assessed in the cause.
The Clerk of the Court is DIRECTED to send copies of this order to the Honorable Mark
Rusch, presiding judge of the 401st Judicial District Court, Collin County, and counsel for all
parties.
/s/ MOLLY FRANCIS
JUSTICE
Nicolas Stephen Lloyd v. State
Combined Opinion