IN THE
TENTH COURT OF APPEALS
No. 10-04-00083-CR
No. 10-04-00084-CR
Ex parte Trey Logan Davis
EX PARTE CHAD FENLEY DAVIS
From the 272nd District Court
Brazos County, Texas
Trial Court Nos. 04-000338-CV-272 and 04-000339-CV-272
DISSENTING Opinion
This is a case in which the Court simply
disagrees with the trial court, so it substitutes its judgment for that of the
trial court. Because the evidence shows
substantial connection to international and interstate drug trafficking by the
defendants, thus raising serious concerns about being a flight risk, I cannot
say the trial court abused its discretion in setting a substantial
bail.[1] I would not hold the trial court abused its
discretion. I therefore respectfully
dissent.
TOM GRAY
Chief Justice
Dissenting opinion delivered and filed August 25, 2004
Publish
[1] There is also an unanswered question. By what authority does an appellate court set the appropriate amount for bail? In every other context where the trial court exercises a range of discretion, upon a finding of an abuse, we reverse and remand for further proceedings—but not in setting bail.