IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
v.
THE STATE OF TEXAS
PURSUANT TO ARTICLE 44.04(h)
LUBBOCK COUNTY
PER CURIAM
O R D E R
Appellant was convicted of possessing a controlled substance with intent to deliver in Cause No. 2007-416,858 in the 140th District Court of Lubbock County. The jury assessed punishment at confinement for fifty years and a $10,000 fine. The Amarillo Court of Appeals reversed the judgment. Hereford v. State, 302 S.W.3d 903 (Tex. App. -- Amarillo, 2009). The State has filed a petition for discretionary review which is pending before this Court.
Appellant has applied to this Court, pursuant to Article 44.04(h) of the Code of Criminal Procedure, to set a reasonable bail pending final determination of the appeal. Accordingly, bail is hereby set in the amount of $50,000.00, and it is ORDERED that the trial court order Appellant released from confinement assessed in this cause upon the posting of bail. Any sureties must be approved by the trial court.
IT IS SO ORDERED this the 10th day of May, 2010.
DO NOT PUBLISH