Williams, Joshua v. State

Opinion

Order issued September~2012

In The

JOSHUA WILLIAMS, Appellant

v. THE STATE OF TEXAS, Appellee

ORDER

Before the Court is appellan_t's motion for reasonable bail pending final determination of

appeal. The motion is DENIED.

On August 28, 2012, this Court reversed the punishment assessed by the trial court and

remanded the cause for a new punishment hearing. Appellant bases his request for bail on Article

444.04(h) of the Texas Code of Criminal Procedure, which provides that a criminal defendant whose

"conviction is reversed by a decision of a Court of Appeals" is entitled to reasonable bail "pending

final determination of an appeal." TEX. CODE CRIM. PROC. Art. 44.04(h) (West 2006). However,

we did not reverse appellant's conviction; we reversed his punishment and remanded the caus~ for

a new punishment proceeding. See generally Lopez v. State, 18 S.W.3d 637,639 (Tex. Crim. App.

2000) (when a court of appeals reinads a case on punishment only, "it is essentially affirming the

conviction on guilt/innocence and reversing the conviction on punishment. ... the trial court's

jurisdiction on remand is limited to issues concerning the punishment phase."). Because we did not reverse appellant's conviction, we conclude article 44.04(h) does not give

him the right to bail pending final determination of his appeal.

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