Opinion
No. 06-19-00202-CR
07-06-2020
On Appeal from the 276th District Court Marion County, Texas
Trial Court No. F15085 Before Morriss, C.J., Burgess and Stevens, JJ. ORDER
Jonathan Eugene Mitchell was convicted of two counts of aggravated sexual assault of a child in Marion County and was sentenced to eight years' confinement. In an opinion issued May 7, 2020, we reversed the judgment of conviction and remanded the case to the trial court for further proceedings.
On May 7, 2020, Mitchell filed a motion pursuant to Article 44.04(h) of the Texas Code of Criminal Procedure asking this Court to set bail pending a final disposition of his case. See TEX. CODE CRIM. PROC. ANN. art. 44.04(h). On June 18, 2020, this Court issued its order requiring Mitchell to file a supplement to his motion requesting bail on or before July 3, 2020, specifically addressing the criteria and evidence relevant to his request. We further ordered the State to respond to Mitchell's supplemental filing. Mitchell has filed the supplement to his motion in accordance with our order, and the State has filed its response.
It appears to this Court that the motion should be granted. Considering the nature of the crime, the sentence imposed, and other relevant factors, we set bail at $50,000.00. As required by Article 44.04(h) of the Texas Code of Criminal Procedure, if a surety bond is posted, the sureties on the bond must be approved by the trial court.
IT IS SO ORDERED.
BY THE COURT Date: July 6, 2020