ACCEPTED
03-14-00811-CR
3631318
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/31/2014 3:31:17 PM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS
12/31/2014 3:31:17 PM
JEFFREY D. KYLE
KARL DEAN STAHMANN, * Clerk
Appellant *
v. * No. 03-14-00811-CR
THE STATE OF TEXAS *
APPELLANT’S MOTION TO EXPEDITE APPEAL
TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF SAID COURT:
In support of this Motion, Appellant would show:
1. Appellant was placed on deferred adjudication community supervision for the
state jail felony offense of credit card abuse.
2. The State moved to have the trial judge enter an adjudication of guilt.
3. Appellant was released on bail pending a hearing on the State’s motion.
4. On December, 1, 2014, the trial judge conducted a hearing on the State’s
motion and entered an adjudication of guilt.
5. The trial court assessed punishment at two years confinement in a state jail
facility BUT suspended imposition of the sentence and placed appellant on
probation for a period of five years.
6. The trial court ordered appellant taken into custody and he has been confined
and he remains confined in the Comal County jail.
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7. The determination to proceed with an adjudication of guilt on the original
charge is reviewable on appeal. Tex. C. Crim. Proc. art 42.12, sec. 5(b).
8. On December 15, 2014, undersigned counsel filed the Motion for New Trial
and the Defendant’s Motion for Bail Pending Determination of Motion for
New Trial and Pending Appeal.
9. On December 15, 2014, the trial court summarily denied the Motion for Bail
and took the Motion for New Trial under advisement. The trial court’s
denial of bail was in violation of Article 44.04(a), Texas Code of Criminal
Procedure which provides “[p]ending the determination of any motion for
new trial … the defendant is entitled to be released on reasonable bail.”
10. On December 23, 2014, undersigned counsel filed a notice of appeal related to
the determination of guilt AND the Defendant’s Notice of Appeal – Bail
Proceeding.
11. The Defendant’s Notice of Appeal – Bail Proceeding was received in this
Honorable Court on December 29, 2014.
12. Article 44.04(g) provides for the right of appeal from the denial of bail and
further provides that “said appeal shall be given preference by the appellate
court.”
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13. The reporter’s record has been prepared and undersigned counsel has asked
the court reporter to file same with this Honorable Court.
14. The clerk’s record has been requested by undersigned counsel and said clerk
has been notified that this is an expedited appeal pursuant to Texas Rule of
Appellate Procedure 31.1.
15. And Rule 31.2 provides: “[a]n appeal in … a bail proceeding will be heard at
the earliest practicable time.”
16. Appellant moves this Honorable Court to expedite its review of this appeal
and to set reasonable bail pending the appeal of the merits of the case, namely
the trial court’s determination to adjudicate guilt.
Respectfully submitted,
__/s/ Charles F. Baird_____________
CHARLES F. BAIRD
TBA # 00000045
BAIRD FARRELLY, PLLC
2312 Western Trails Blvd, Suite 102-A
Austin, TX 78745
Tel: 512-804-5911
Fax: 512-804-5919
Email: jcfbaird@gmail.law
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
document was served on Jennifer A. Tharp, Assistant District Attorney, Comal
District Attorney's Office, on December 31, 2014, via fax.
__/s/ Charles F. Baird_____________
CHARLES F. BAIRD
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