IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1184-16
RICHARD CHARLES OWINGS, JR., Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S MOTION FOR BAIL PENDING APPEAL
UNDER TEX. CODE CRIM. PRO. ART. 44.04(h)
HARRIS COUNTY
P ER CURIAM.
ORDER
A jury convicted Appellant of aggravated sexual assault in Cause No. 1454997 in the
262nd Judicial District Court of Harris County. The jury assessed punishment at confinement
for 30 years. The Court of Appeals reversed the conviction, finding that the trial court
committed harmful error in failing to require the State to elect the incident upon which it
relied for conviction. Owings v. State, __ S.W.3d __, No. 01-15-00132-CR (Tex.
App.–Houston [1st Dist.] Aug. 30, 2016). The State has filed a petition for discretionary
OWINGS - 2
review which is pending before this Court.
Appellant has applied to this Court under Article 44.04(h) of the Texas Code of
Criminal Procedure, to set a reasonable bail pending final determination of the appeal.
However, before this Court can set a reasonable bail we must have adequate information
upon which to determine a reasonable amount. Appellant fails to provide adequate
information. See Montalvo v. State, 786 S.W.2d 710 (Tex. Crim. App. 1989).
Therefore, Appellant must redraft his request for bail under Art. 44.04(h) in order for
this Court to set a reasonable bail.
IT IS SO ORDERED this the 30th day of January, 2017.
DO NOT PUBLISH