Dallas v. State

MANSFIELD, J.,

delivered the concurring and dissenting opinion.

I agree with the opinion of the majority that holds a trial court has inherent power in misdemeanor appeals to impose conditions on bail that directly or indirectly relate to the purpose of assuring the defendant’s continued appearance. However, I respectfully submit that the trial court’s inherent power is not limited to setting conditions relating to the defendant’s continued appearance.

I would hold that Texas Government Code 21.001 provides the trial courts of Texas broad inherent power to place reasonable conditions on appeal bonds in misdemeanor cases, subject to an abuse of discretion standard of review on appeal.

In the present ease, appellant was convicted of cruelty to animals; it was clearly reasonable for the trial court, as a condition of his appeal bond, to order appellant not to train or board animals pending resolution of his appeal. The condition directly relates to the offense for which he was convicted; as such, it is not an abuse of discretion on the part of the trial court.

Accordingly, I would overrule the judgment of the court of appeals.