From Casetext: Smarter Legal Research

Ex Parte McElyea

Court of Appeals of Texas, Fifth District, Dallas
Jun 2, 2006
No. 05-06-00225-CR (Tex. App. Jun. 2, 2006)

Opinion

No. 05-06-00225-CR

Opinion Filed June 2, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 336th Judicial District Court, Grayson County, Texas, Trial Court Cause No. 053539-336. Dismiss.

Before Justices FITZGERALD, FRANCIS, and LANG-MIERS.


OPINION


Scottie Renee McElyea was charged with possession of methamphetamine in an amount of one gram or more but less than four grams in a drug-free zone. The trial judge set appellant's pretrial bond at $2500 and imposed various conditions on the bond. Appellant appealed the trial court's denial of her motion to have removed the condition that appellant "wear no clothing or jewelry associated with drug culture and obtain no new body piercing or tattoos associated with drug culture." For the following reasons, we dismiss the appeal as moot. See Taylor v. State, 676 S.W.2d 135, 136 (Tex.Crim.App. 1984). During the pendency of the appeal, appellant's case proceeded to trial, and appellant is now on deferred adjudication community supervision. Appellant contends the appeal is not moot because the error is subject to repetition. Appellant asserts the challenged condition is a standard condition of bond imposed by the trial court. It is within the trial judge's discretion to impose conditions on the pretrial bond. See Ex parte Anderer, 61 S.W.3d 398, 401 (Tex.Crim.App. 2001). The conditions must meet three standards: (1) they must be reasonable; (2) they must be to secure the defendant's attendance; and (3) they must be related to the safety of the alleged victim or the community. See id. at 401-02; see also Tex. Code Crim. Proc. Ann. arts. 17.15, 17.40 (Vernon 2005). Conditions of bond are to be tailored to insure an individual defendant will appear for court hearings. Cf. Ex parte Elliott, 950 S.W.2d 714, 716 (Tex.App.-Fort Worth 1997, pet. ref'd). Therefore, we will not issue a blanket opinion regarding certain conditions of bond. We presume the trial court will follow the law regarding the imposition of pretrial bond conditions, and we will review individual complaints as they are raised on appeal. We dismiss the appeal as moot.


Summaries of

Ex Parte McElyea

Court of Appeals of Texas, Fifth District, Dallas
Jun 2, 2006
No. 05-06-00225-CR (Tex. App. Jun. 2, 2006)
Case details for

Ex Parte McElyea

Case Details

Full title:EX PARTE SCOTTIE RENEE McELYEA

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 2, 2006

Citations

No. 05-06-00225-CR (Tex. App. Jun. 2, 2006)