IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1445-16
FRED EARL INGERSON, III, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S MOTION FOR BAIL PENDING APPEAL
UNDER T EX. C ODE C RIM . P ROC. Art 44.04(h)
HOOD COUNTY
Per curiam.
ORDER
Appellant was convicted of capital murder in Cause No. CR11514 in the 355TH
Judicial District Court of Hood County. Punishment was assessed at confinement for life
without parole. The Court of Appeals reversed the conviction. Ingerson v. State, ___
S.W.3d ___; No. 02-11-00311-CR (Tex. App.– Fort Worth, October 27, 2016). The State
filed a petition for discretionary review, which is currently pending before this Court. No.
PD-1445-16.
INGERSON - 2
Appellant has filed an application under Article 44.04(h) of the 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. The
relevant factors to consider in deciding a reasonable bail amount are: (1) nature of offense,
(2) ability to make bail, (3) prior criminal record, (4) conformity with previous bond
conditions, (5) employment record, (6) family ties to the community, and (7) length of
residence in community. 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.
Entered March 6, 2017.
Do Not Publish
Ingerson, Fred Earl Iii
Combined Opinion