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Johnson v. State

Court of Appeals of Texas, First District, Houston
May 14, 2009
Nos. 01-07-01060-CR, 01-07-01061-CR (Tex. App. May. 14, 2009)

Opinion

Nos. 01-07-01060-CR, 01-07-01061-CR

Opinion issued May 7, 2009, May 14, 2009. DO NOT PUBLISH. See TEX. R. APP. P. 47.2(b).

On Appeal from the 412th District Court, Brazoria County, Texas, Trial Court Cause Nos. 54,691 54,693.

Von Shelton, Angleton, TX. Jeri Yenne, Criminal District Attorney, Angleton, TX. David Bosserman, Assistant Criminal District Attorney, Angleton, TX. Library Service, Lexis Nexis, Miamisburg, OH. Opinions Clerk, West Group D4-40, Egan, MN.

Panel consists of Justices JENNINGS, KEYES, and HIGLEY.


MEMORANDUM OPINION


Appellant, Eddie Jermaine Johnson, was charged with burglary of a habitation and aggravated robbery in trial court cause number 54,691 and aggravated assault on a public servant in trial court cause number 54,693. In each cause, the trial court set bail at $300,000. Appellant filed an application for writ of habeas corpus requesting bond reduction. The trial court granted appellant's request and reduced bail to $150,000 for the burglary and robbery offenses, and $75,000 for the aggravated assault offense. In two points of error, appellant argues that the trial court (1) erred when it overruled appellant's hearsay objection to the admission of the State's evidence and (2) abused its discretion when it reduced bail in both causes to unreasonable amounts. The State has filed motions to dismiss the appeals on the basis that appellant has been acquitted of the charged offenses. Appellant has not filed a response. We grant the State's motion to dismiss and dismiss the appeal as moot. Please substitute the attached corrected opinion and judgment issued May 7, 2009 in the above-referenced cases. The correction was necessary as the Trial Court County on page 1 of the opinion and the judgment was incorrect.

See TEX. PENAL CODE ANN. § 30.02 (Vernon Supp. 2008).

See TEX. PENAL CODE ANN. § 29.03 (Vernon Supp. 2008).

Appellate court cause number 01-07-01060-CR.

See TEX. PENAL CODE ANN. § 22.02 (Vernon Supp. 2008).

Appellate court cause number 01-07-01061-CR.


Summaries of

Johnson v. State

Court of Appeals of Texas, First District, Houston
May 14, 2009
Nos. 01-07-01060-CR, 01-07-01061-CR (Tex. App. May. 14, 2009)
Case details for

Johnson v. State

Case Details

Full title:EDDIE JERMAINE JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: May 14, 2009

Citations

Nos. 01-07-01060-CR, 01-07-01061-CR (Tex. App. May. 14, 2009)