PD-1048-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/15/2015 2:14:45 PM
Accepted 4/15/2015 2:38:13 PM
ABEL ACOSTA
PD-1048-14 CLERK
FRANK EDWARD REEVES § IN THE COURT OF CRIMINAL
§
VS. § APPEALS FOR
§
STATE OF TEXAS § THE STATE OF TEXAS
MOTION FOR REASONABLE BAIL
PENDING FINAL DETERMINATION OF APPEAL
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Now comes Frank Edward Reeves, Appellant in the above styled and
numbered cause, and moves this Court to set bail in a reasonable amount pending
final determination of this appeal, pursuant to Tex. Code Crim. Proc. Ann. art.
44.04(h), and in support thereof shows the following:
1. Tex. Code Crim. Proc. Ann. art. 44.04(h) provides, in pertinent part:
If a conviction is reversed by a decision of a Court of
Appeals, the defendant, if in custody, is entitled to
release on reasonable bail, regardless of the length of
term of imprisonment, pending final determination of an
appeal by the state or the defendant on a motion for
discretionary review. . . If the defendant requests bail
after a petition for discretionary review has been filed,
the Court of Criminal Appeals shall determine the
amount of bail.
* * *
Motion For Reasonable Bail Pending Appeal Page 1
Frank Edward Reeves v. The State of Texas
Cause No. PD-1048-14
April 15, 2015
The defendant's right to release under this subsection
attaches immediately on the issuance of the Court of
Appeals' final ruling as defined by
Tex. Cr. App. R. 209(c).
2. Appellant has been continuously confined at the Hale County Jail and
Garza County Jail, under a sentence of ten years incarceration in the Texas
Department of Criminal Justice - Institutional Division and a fine of $10,000.00,
since sentenced on September 23, 2013. On July 8, 2014, the Seventh Court of
Appeals reversed appellant's conviction and ordered the cause remanded for new
trial. See Frank Edward Reeves v. State, 2014 Tex. App. LEXIS 7369 (Tex. App.
Amarillo July 8, 2014). The State filed a petition for discretionary review on
August 18, 2014.
3. Appellant is without funds to post a significant bond. Appellant has
been continuously incarcerated for over two years since his initial arrest on this
charge and for over 16 months while his appeal has been pending. Because the trial
court found Appellant to be indigent, counsel for Appellant at trial and on appeal
was appointed.
4. Considering the totality of circumstances, appellant requests to be
admitted to reasonable bail, in the amount of no more than $500.00, pending final
Motion For Reasonable Bail Pending Appeal Page 2
Frank Edward Reeves v. The State of Texas
Cause No. PD-1048-14
determination of this appeal.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this Court
set bail in the amount of not more than $500.00 pending final determination of this
appeal.
Respectfully submitted,
Easterwood, Boyd & Simmons, PC
623 N. Main Street, P.O. Box 273
Hereford, TX 79045
Tel: (806) 364-6801
Fax: (806) 364-2526
/s/ James B. Johnston
James B. Johnston
State Bar No. 10838200
Attorney for Frank Edward Reeves
CERTIFICATE OF COMPLIANCE
The undersigned certifies that according to the WordPerfect word count tool this
Document and the attached affidavit contain 1043 words, exclusive of the items
excepted by TEX. R. APP. P. 9.4(i)(1).
/s/ James B. Johnston
James B. Johnston
Attorney for Appellant
Motion For Reasonable Bail Pending Appeal Page 3
Frank Edward Reeves v. The State of Texas
Cause No. PD-1048-14
CERTIFICATE OF SERVICE
This is to certify that on April 15, 2015, a true and correct copy of the above
and foregoing document was served on the following:
LISA C. McMINN
State Prosecuting Attorney
Bar I.D. No.13803300
STACEY M. GOLDSTEIN
Assistant State Prosecuting Attorney
Bar I.D. No. 24031632
P.O. Box 13046
Austin, Texas 78711
information@spa.texas.gov
Meredith Bridges, Assistant
Hale County District Attorney
225 Broadway, Suite 1
Plainview, Texas 79072
mparker@halecounty.org
/s/ James B. Johnston
Attorney for Appellant
Motion For Reasonable Bail Pending Appeal Page 4
Frank Edward Reeves v. The State of Texas
Cause No. PD-1048-14
STATE OF TEXAS §
§
COUNTY OF HALE §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Frank Edward Reeves, who after being duly sworn stated:
“I am the appellant in the above numbered and entitled cause. I have
read the foregoing Motion for Reasonable Bail Pending Final
Determination of Appeal and swear that all of the allegations of fact
contained therein are true and correct.
“I do not presently have any funds in my name which can be used to
post bond in this case. I do not presently have any personal or real
property to my name which I could sell to raise money to post bond. I
have been unable to borrow the funds to post the bond in this case. It
is my belief that if bond was set at $500, my mother would be able to
bond me out. She is on a fixed income and does not have the money to
pay a large bond amount.
“I have been incarcerated on this charge since February 3, 2013. I
have not had any income since that time. I was previously receiving
disability payments, but those ended in January of 2013.
“If released on bail, I would reside with my mother in Tulia, Texas.
She has resided there for over 40 years. I was raised in Tulia and have
ties to that community. I believe I could also obtain employment I
Tulia, since I have worked there before.
“My employment history, to the best of my recollection, is as follows:
Motion For Reasonable Bail Pending Appeal Page 5
Frank Edward Reeves v. The State of Texas
Cause No. PD-1048-14
EMPLOYMENT HISTORY
J&M Manufacturing, Tulia, Texas 1983-1985
Young & Ellis, Tulia, Texas 1985-1988; 1989-2001
Bartlett Feedyard, Tulia, Texas 2001-2002
Clark Harvesting, Hart, Texas 2002-2004
Seed Resource, Tulia, Texas 2004-2005
Big N Fertilizer, Tulia, Texas 2005-2006
Wes’s Specialty, Tulia, Texas 2006-2007
Rip Griffin Truck Stop, Tulia, Texas 2007-2008
Tulia Livestock, Tulia, Texas 2007-2009 (part time)
Began receiving disability November 2012
Motion For Reasonable Bail Pending Appeal Page 6
Frank Edward Reeves v. The State of Texas
Cause No. PD-1048-14
“My prior criminal record is as follows:
10/22/1985 DWI – Swisher County
04/26/2002 Criminal Mischief – Swisher County
05/20/2002 DWI – Castro County
12/31/2002 DWI- Castro County
10/18/2005 Theft – Swisher County
05/02/2006 Assault – Family violence – Swisher County
11/05/2008 Assault – Family violence – Swisher County
04/27/2009 Assault – Family violence – Swisher County
08/06/2012 Burglary of a building – Potter County
“During much of my time of incarceration in the Hale County, Texas
jail since February 3, 2013, I have been on “trustee” status. Also
during my incarceration on this case, I have completed 16 hours of
Life Skills Instruction through the Central Plains Center/Reed
Outpatient Services out of Plainview.
“I do not have, and have never had, a passport. I have no means by
which I could flee the jurisdiction of the court.”
Motion For Reasonable Bail Pending Appeal Page 7
Frank Edward Reeves v. The State of Texas
Cause No. PD-1048-14