Karl Dean Stahmann v. State

• Court: Court of Appeals of Texas
• Decided: December 31, 2014
• Docket: 03-14-00811-CR
• Status: Published

Opinion

ACCEPTED 03-14-00811-CR 3631318 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/31/2014 3:31:17 PM JEFFREY D. KYLE CLERK

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS 12/31/2014 3:31:17 PM JEFFREY D. KYLE KARL DEAN STAHMANN, * Clerk Appellant *

v. * No. 03-14-00811-CR

THE STATE OF TEXAS *

APPELLANT’S MOTION TO EXPEDITE APPEAL

TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF SAID COURT:

In support of this Motion, Appellant would show:

1. Appellant was placed on deferred adjudication community supervision for the

state jail felony offense of credit card abuse.

2. The State moved to have the trial judge enter an adjudication of guilt.

3. Appellant was released on bail pending a hearing on the State’s motion.

4. On December, 1, 2014, the trial judge conducted a hearing on the State’s

motion and entered an adjudication of guilt.

5. The trial court assessed punishment at two years confinement in a state jail

facility BUT suspended imposition of the sentence and placed appellant on

probation for a period of five years.

6. The trial court ordered appellant taken into custody and he has been confined

and he remains confined in the Comal County jail. Page 1 of 4 7. The determination to proceed with an adjudication of guilt on the original

charge is reviewable on appeal. Tex. C. Crim. Proc. art 42.12, sec. 5(b).

8. On December 15, 2014, undersigned counsel filed the Motion for New Trial

and the Defendant’s Motion for Bail Pending Determination of Motion for

New Trial and Pending Appeal.

9. On December 15, 2014, the trial court summarily denied the Motion for Bail

and took the Motion for New Trial under advisement. The trial court’s

denial of bail was in violation of Article 44.04(a), Texas Code of Criminal

Procedure which provides “[p]ending the determination of any motion for

new trial … the defendant is entitled to be released on reasonable bail.”

10. On December 23, 2014, undersigned counsel filed a notice of appeal related to

the determination of guilt AND the Defendant’s Notice of Appeal – Bail

Proceeding.

11. The Defendant’s Notice of Appeal – Bail Proceeding was received in this

Honorable Court on December 29, 2014.

12. Article 44.04(g) provides for the right of appeal from the denial of bail and

further provides that “said appeal shall be given preference by the appellate

court.”

Page 2 of 4 13. The reporter’s record has been prepared and undersigned counsel has asked

the court reporter to file same with this Honorable Court.

14. The clerk’s record has been requested by undersigned counsel and said clerk

has been notified that this is an expedited appeal pursuant to Texas Rule of

Appellate Procedure 31.1.

15. And Rule 31.2 provides: “[a]n appeal in … a bail proceeding will be heard at

the earliest practicable time.”

16. Appellant moves this Honorable Court to expedite its review of this appeal

and to set reasonable bail pending the appeal of the merits of the case, namely

the trial court’s determination to adjudicate guilt.

Respectfully submitted,

__/s/ Charles F. Baird_____________ CHARLES F. BAIRD TBA # 00000045 BAIRD FARRELLY, PLLC 2312 Western Trails Blvd, Suite 102-A Austin, TX 78745 Tel: 512-804-5911 Fax: 512-804-5919 Email: jcfbaird@gmail.law

Page 3 of 4 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing

document was served on Jennifer A. Tharp, Assistant District Attorney, Comal

District Attorney's Office, on December 31, 2014, via fax.

__/s/ Charles F. Baird_____________ CHARLES F. BAIRD

Page 4 of 4