Opinion
05-22-00615-CR
07-19-2022
EX PARTE JAMES MICHAEL DRAUCKER
On Appeal from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause No. WR-1-22-0006
ORDER
ERIN A. NOWELL JUSTICE
Before the Court is the State's July 7, 2022 motion to determine jurisdiction over the cognizable issue of an appeal bond. In its motion, the State reports appellant has filed an application for an appeal bond in the trial court. The State questions the trial court's power to entertain the motion while the case is on appeal. The State requests that the Court decide the issue of appellant's entitlement to an appeal bond on final submission and abate any determination in the trial court. Appellant has not filed a response to the State's motion.
Except for post-conviction appeals and capital cases where proof is evident, defendants appealing an adverse decision on an application for writ of habeas corpus are entitled to have bond set pending resolution of the appeal. See Tex. Code Crim. Proc. Ann. art. 44.35; Ex parte Quinn, 549 S.W.2d 198, 200 (Tex. Crim. App. 1977).
Because the record shows appellant is entitled to have reasonable bail set, we DENY the State's motion. Instead, we ORDER the trial court, within THIRTY DAYS of the date of this order, to conduct a hearing and set reasonable bail pending resolution of the appeal.
In setting bail pending appeal, the trial court considers the usual factors in assessing reasonable bail as set forth in article 17.15 of the code of criminal procedure. See Tex. Code Crim. Proc. art. 17.15. In setting reasonable bail for appellant, the trial court may consider that appellant is a fugitive from justice, and it may assess the likelihood that he would appear voluntarily for extradition if the appeal is decided against him. See, e.g., Ex parte Baugh, No. 12-08-00367-CR, 2009 WL 387103, at *3 (Tex. App.-Tyler Feb. 18, 2009, no pet.) (mem. op., not designated for publication) (concluding $500,000 bond was not excessive for extradition appeal bond for indigent appellant who was fugitive from justice and unlikely to appear voluntarily for extradition).
We ABATE the appeal to allow the trial court to conduct the required hearing and to set reasonable bail. The appeal will be reinstated upon the earliest occurrence of the following: (1) when a supplemental clerk's record or supplemental reporter's record is filed showing the trial court has set reasonable bail for appellant; or (2) when the Court deems it necessary or proper to reinstate the appeal.