Adam Grimaldo v. The State of Texas--Appeal from 137th District Court of Lubbock County
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NO. 07-04-0245-CR
NO. 07-04-0246-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
MAY 17, 2006
______________________________
ADAM GRIMALDO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NOS. 98-428,567 & 2003-404,575; HON. CECIL G. PURYEAR, PRESIDING
______________________________
Order on Application for Bail
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
By opinions dated March 9, 2006, we reversed the conviction and order revoking the
probation of appellant Adam Grimaldo and remanded the causes to the trial court for further
proceedings. Pending before us is appellant's application for bail.
When a conviction is reversed and the appellant is in custody, article 44.04(h) of the
Texas Code of Criminal Procedure requires that he be "entitled to release on reasonable
bail, regardless of the length of term of imprisonment, pending final determination of an
appeal by the state or the defendant on a motion for discretionary review." TEX . CODE
CRIM . PROC . ANN . art. 44.04(h) (Vernon Supp. 2005). Also, if bail is sought before a petition
for discretionary review has been filed, the court of appeals shall determine the amount of
bail. Id.
We are required to consider certain information in determining the amount of bail.
It includes 1) "the length of the sentence and the nature of the offense," 2) the applicant's
"work record, family ties, . . . length of residency, ability to make the bond, prior criminal
record, and conformity with previous bond conditions," 3) other outstanding bonds, and 4)
the aggravating factors, if any, involved in the offense. Ex parte Rubac, 611 S.W.2d 848,
849-50 (Tex. Crim. App. 1981).
Appellant seeks bail in the amount of $20,000.
Furthermore, the State has represented to the court that it does not object to bail being set.
The information before the court indicates that appellant does have ties to the
community and appeared at all of his trial settings while the causes were pending.
Accordingly, we grant appellant's request for bail and condition his release on his posting
bail in the amount of $20,000.
Per Curiam
Do not publish.
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