Huff, Donald

Opinion

PD-0763-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

November 2, 2015 Transmitted 11/2/2015 2:56:38 PM Accepted 11/2/2015 3:42:40 PM ABEL ACOSTA

Cause No. PD-0763-15 CLERK COURT OF CRIMINAL APPEALS OF TEXAS

STATE OF TEXAS, § Petitioner, § § FROM THE

FOURTH COURT OF

vs. § APPEALS

§ SAN ANTONIO, TEXAS DONALD HUFF, § 04-13-00891-CR Respondent. §

MOTION FOR BOND PENDING APPEAL

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, DONALD HUFF, Appellant in the above-styled and

numbered cause, and pursuant to Texas Code of Criminal Procedure Article 44.04

requests that this Court grant him a bond pending his appeal:

I.

Appellant was tried and convicted by a jury in the 226th Judicial District

Court and was sentenced by Judge Harle to 45 years in the Texas Department of

Criminal Justice for the offense of felony murder. On April 8, 2015 the Fourth

Court of Appeals reversed the case and remanded it for a new trial. The State filed

a Motion for Rehearing which was denied on May 11, 2015. Subsequently, the State

filed a Petition for Discretionary Review on July 9, 2015. This Court has not yet

granted or refused the State’s request for Discretionary Review.

Thus, pursuant to the Texas Code of Criminal Procedure Article 44.04(h)

Appellant requests that this Court set reasonable bail pending the final outcome of

this matter. This was a felony murder where the underlying felony was driving while

intoxicated 3rd or more. Bond was originally set on this case in the amount of

$75,000.

WHEREFORE, DEFENDANT PRAYS that this Court grant him reasonable

bail while the State’s Petition for Discretionary Review is pending in this Court.

Respectfully submitted:

______________________________

DAYNA L. JONES Bar No. 24049450 LAW OFFICE OF DAYNA L. JONES 1800 McCullough Avenue San Antonio, Texas 78212 (210) 255-8525 office (210) 223-3248 facsimile

Attorney for Defendant, DONALD HUFF

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above foregoing document has been

delivered via email to Bexar County Assistant District Attorney Nathan Morey at

Nathan.morey@bexar.org on November 2, 2015.

______________________

DAYNA L. JONES

Cause No. PD-0763-15

COURT OF CRIMINAL APPEALS OF TEXAS

STATE OF TEXAS, § Petitioner, § § FROM THE

FOURTH COURT OF

vs. § APPEALS

§ SAN ANTONIO, TEXAS DONALD HUFF, § 04-13-00891-CR Respondent. §

ORDER ON DEFENDANT’S MOTION FOR BOND PENDING APPEAL

On November ______, 2015 came to be considered Defendant’s Motion for

Bond Pending Appeal pursuant to Texas Code of Criminal Procedure Article

44.04(h). After consideration it is the opinion of this Court that the Defendant is

entitled to a bond pending appeal and the Appellant’s Motion is GRANTED and

bail is set at $_________________.

________________________

JUDGE PRESIDING