Gregory Thornton v. The State of Texas--Appeal from 140th District Court of Lubbock County (per curiam)
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In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-11-0069-CR
________________________
GREGORY THORNTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. 2008-419,888
Honorable Jim Bob Darnell, Presiding
March 6, 2013
ORDER DENYING AGREED MOTION FOR
PERSONAL RECOGNIZANCE BOND
Before Quinn, C.J. and Hancock and Pirtle, JJ.
On August 7, 2012, this Court reversed Gregory Thornton’s conviction for
tampering with evidence and rendered a judgment of acquittal. See Thornton v. State,
377 S.W.3d 814 (Tex.App.—Amarillo 2012), vacated, 2013 Tex. Crim. App. Unpub.
LEXIS 48 (Tex.Crim.App. Jan. 9, 2013). On September 28, 2012, prior to the filing of
the State’s Petition for Discretionary Review, this Court granted Appellant’s request for
bail pursuant to article 44.04(h) of the Texas Code of Criminal Procedure. Bail was set
at $10,000. Finding that this Court issued its opinion in this case without the benefit of
its recent opinion in Bowen v. State, 374 S.W.3d 427 (Tex.Crim.App. 2012), the Court of
Criminal Appeals ordered that the judgment of this Court be vacated and remanded for
further consideration.
Pending before this Court is an Agreed Motion for Personal Recognizance Bond
by which the State agrees that Appellant may be released on a personal recognizance
bond of $5,000, as determined by the trial court, pending a decision by this Court on
remand from the Texas Court of Criminal Appeals. We deny that motion.
The vacation of the judgment of a lower court has the effect of rendering that
judgment a nullity. It is as if that judgment had never been rendered. See Bramlett v.
Phillips, 359 S.W.3d 304, 310 (Tex.App.--Amarillo 2012, pet. granted); Cessna Aircraft
Co. v. Aircraft Network, LLC, 345 S.W.3d 139, 145 (Tex.App.--Dallas 2011, no pet.).
Because the judgment of this Court was vacated, the reversal of Appellant’s conviction
is a nullity. Because the reversal is a nullity, the original judgment of the lower court
continues to be the judgment entered in this case. Because Appellant stands convicted
of an offense where the punishment equals or exceeds 10 years confinement, he is not
eligible for release on bail pending disposition of this appeal. See TEX. CODE CRIM.
PROC. ANN.
ART.
44.04(b) (W EST 2006). Accordingly, the agreed relief requested is
denied.
2
It is so ordered.
Per Curiam
Do not publish.
3
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