In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-12-00476-CR
________________________
JOE DANIEL LUNA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 242nd District Court
Hale County, Texas
Trial Court No. B19083-1203, Honorable Edward L. Self, Presiding
July 11, 2013
ORDER ON MOTION FOR REASONABLE BAIL
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
By opinion dated May 28, 2013, this Court reformed the trial court’s judgment of
conviction for a third degree felony assault to misdemeanor assault. That portion of the
judgment assessing punishment was reversed and the cause was remanded to the trial
court for a new punishment hearing. Pending before us is appellant’s motion for
reasonable bail. Pursuant to our request, the State filed a response by which it does
not oppose bail being set. We grant appellant’s motion.
Article 44.04(h) of the Texas Code of Criminal Procedure provides that upon
reversal of a conviction, a defendant is entitled to release on reasonable bail, regardless
of the length of term of imprisonment, pending final determination of the appeal by the
State or defendant on petition for discretionary review. The statute further provides this
Court shall determine the amount of bail if it is requested before a petition for
discretionary review has been filed.
It appearing that appellant is entitled to the relief requested, pursuant to article
44.04(h), the Court hereby sets reasonable bail in the amount of $5,000, conditioned as
the law requires.
It is so ordered.
Per Curiam
Do not publish.
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