Fabian James Tankesly v. State

NO. 07-02-0142-CR

NO. 07-02-0143-CR

NO. 07-02-0144-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

MAY 10, 2002



______________________________



FABIAN JAMES TANKESLY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE



_________________________________

FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;

NO. 41,975-A, 41,941-A, & 41,926-A; HONORABLE DAVID GLEASON, JUDGE

_______________________________

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

ON MOTION TO REDUCE BAIL

Appellant perfected his appeal from three separate orders revoking his community supervision and assessing punishment of two years confinement and a $100 fine in each cause for theft, securing execution of documents by deception, and unauthorized use of a motor vehicle. The appellate record has been filed and the time for filing briefs has not yet lapsed.

The trial court set appellant's bail at $15,000 in each cause. By his motion to reduce bail pending appeal, appellant asserts that $45,000 is excessive in light of his convictions for non-violent crimes and notes that he has only sufficient resources to post bail in the amount of $20,000. Article 44.04 of the Texas Code of Criminal Procedure Annotated (Vernon Pamph. Supp. 2002) provides for the determination of bond pending appeal. The traditional method of challenging excessive bail is by application for writ of habeas corpus in the trial court. Green v. State, 872 S.W.2d 717 (Tex.Cr.App. 1994); see also Ex Parte Enriquez, 2 S.W.3d 362 (Tex.App.-Waco 1999, no pet.) (explaining that excessive bail may also be attacked by a statutory motion initiated in the trial court). This Court's authority to set reasonable bail is not triggered unless a conviction is reversed on appeal. See Article 44.04(h).

Accordingly, the motion to reduce bail pending appeal is overruled.

Per Curiam

Do not publish.

rementioned issues, and cause its findings and conclusions to be included in a supplemental clerk's record. A supplemental record of the hearing shall also be included in the appellate record. Finally, the trial court shall file the supplemental clerk's record and the supplemental reporter's record with the Clerk of this Court by Friday, October 27, 2000.

It is so ordered.

Per Curiam























Do not publish.