Barshaw, Mark David

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1615-10 MARK DAVID BARSHAW, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S MOTION FOR BAIL PENDING APPEAL

UNDER Tex. Code Crim. Proc. Art 44.04(h)

BELL COUNTY

Per curiam.

O R D E R

Appellant was convicted of sexual assault in Cause No. 10,152 in the 27th District Court of Bell County. The jury assessed punishment at confinement for 12 years. The Court of Appeals reversed the conviction. Barshaw v. State, ___ S.W.3d ___; No. 03-09-00079-CR (Tex. App. - Austin, August 31, 2010). The State has filed a petition for discretionary review.

Appellant has applied to this Court under Article 44.04(h) of the Code of Criminal Procedure, to set a reasonable bail pending final determination of the appeal. However, before this Court can set a reasonable bail we must have adequate information upon which to determine a reasonable amount. Appellant fails to provide adequate information. See Montalvo v. State, 786 S.W.2d 710 (Tex. Crim. App. 1989).

Therefore, Appellant must redraft his request for bail under Art. 44.04(h) in order for this Court to set a reasonable bail.

En Banc.

Entered February 2, 2011.

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