Moulton, David Len

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD- 1889-11 DAVID LEN MOULTON, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S MOTION FOR BAIL PENDING APPEAL

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

FROM THE SIXTH COURT OF APPEALS

CASS COUNTY

O R D E R

Per curiam.

Appellant was convicted of murder in Cause No. 2008F00339 in the 5th District Court of Cass County. The trial court sentenced him to confinement for 60 years. The Court of Appeals reversed the conviction and remanded the case to the trial court. Moulton v. State, __ S.W.3d __, No. 06-10-00100-CR (Tex. App. - Texarkana, delivered October 19, 2011). The State filed a petition for discretionary review, which this Court granted on February 1, 2012.

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.Cr.App. 1989).

Therefore, Appellant must redraft his request for bail under Art. 44.04(h) so that this Court may set a reasonable bail.

IT IS SO ORDERED this the 18th day of May, 2012.

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