Opinion
NO. 03-18-00540-CR
10-06-2020
Anthony Ruffins, Appellant v. The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY, NO. CR2016-614, THE HONORABLE DWIGHT E. PESCHEL, JUDGE PRESIDING ORDER
PER CURIAM
Appellant Anthony Ruffins was convicted of the offense of aggravated robbery in Cause No. CR2016-614 in the 207th Judicial District Court of Comal County. See Tex. Penal Code §§ 29.02, .03. After finding the enhancement allegations as to prior felony convictions to be true, the trial court sentenced Ruffins to life imprisonment. See id. § 12.42. This Court reversed the conviction and remanded this cause for a new trial. See Ruffins v. State, ___ S.W.3d ___, No. 03-18-00540-CR, 2020 Tex. App. LEXIS 6499 (Tex. App.—Austin Aug. 14, 2020, pet. filed).
Ruffins has filed a motion under Article 44.04(h) of the Texas Code of Criminal Procedure to set reasonable bail pending final determination of his appeal. See Texas Code Crim. Proc. art. 44.04(h). Accordingly, bail is hereby set in the amount of $150,000, and it is ordered that the trial court order Ruffins released from confinement assessed in this cause upon the posting of bail. Any sureties on bail must be approved by the trial court.
Article 44.04(h) of the Texas Code of Criminal Procedure entitles a defendant to be released "on reasonable bail, regardless of the length of the term of imprisonment, pending final determination of an appeal" when his conviction is reversed by a decision of the court of appeals. Tex. Code Crim. Proc. art. 44.04(h). Because Ruffins filed his motion to set bail before filing a petition for discretionary review, we have authority to consider Ruffins's motion. See id. ("If the defendant requests bail before a petition for discretionary review has been filed, the Court of Appeals shall determine the amount of bail.").
It is ordered on October 6, 2020. Before Justices Goodwin, Baker, and Kelly Do Not Publish