Opinion
05-21-00326-CR
11-09-2021
NEIL PAUL NOBLE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F18-45998-K
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court are appellant's October 20, 2021 motion and November 1, 2021 motion asking the Court to set reasonable bail pending appeal under rule 44.04(c). A review of this appeal shows that appellant, who is representing himself pro se on appeal, was convicted of stalking and sentenced to ten years in prison, probated for four years. In his motion, appellant states he has not committed another offense since release on bail on March 9, 2021 and that he owns a duplex where he currently resides. However, his mailing address is listed as the Lew Sterrett Jail; thus, it appears appellant has violated the terms of his probation and is in jail.
Regardless, under article 44.04(c), the trial court determines the issue of bond pending appeal. See TEX. CODE CRIM. PROC. ANN. ART. 44.04(C) ("PENDING THE APPEAL FROM ANY FELONY CONVICTION . . . THE TRIAL COURT MAY DENY BAIL AND COMMIT THE DEFENDANT TO CUSTODY "). THEREFORE, WE DENY his motions.