Lopez, Osvaldo Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: December 5, 2007
• Docket: PD-1125-07
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. PD-1124-07 & PD-1125-07 OSVALDO LOPEZ, JR., Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S MOTION FOR BAIL PENDING APPEAL

UNDER ARTICLE 44.04(h), V.A.C.C.P.

JONES COUNTY

O R D E R

Appellant was convicted of two counts of delivery of a controlled substance in Cause Nos. 9004 and 9005 in the 259th District Court of Jones County. The trial court assessed punishment at confinement for 2 years in cause number 9004, and 40 years in cause number 9005. The Court of Appeals reversed the convictions. Lopez v. State, 230 S.W.3d 875 (Tex. App. - Eastland, 2007). The State has filed a petition for discretionary review which this Court has granted.

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.

IT IS SO ORDERED this the 5th day of December 2007.

PER CURIAM

DO NOT PUBLISH