Wise, WW v. State

• Court: Court of Appeals of Texas
• Decided: September 10, 2012
• Docket: 05-10-01416-CR
• Status: Published

Opinion

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Order issued September 10,2012

In The

W. W. WISE, Appellant

v. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. Fl0-25006-Y

ORDER

Appellant W. W. Wise was convicted of theft of a motor vehicle valued at $1,500 or more

but less than $20,000, a state jail felony. See TEx. PENAL CODE ANN.§ 31.03(a), (e)(4)(A) (West

Supp. 20 12). The trial court assessed punishment, enhanced by two prior felony convictions, at three

years' confinement. Id. §§ 12.34(a), 12.425(a). On August 24, 2012, this Court affirmed Wise's

conviction but reversed that portion of the judgment assessing punishment and remanded the case

for further proceedings pursuant to article 44.29(b) of the Texas Code of Criminal Procedure. See

Wise v. State, No. 05-10-01416-CR, 2012 WL 3631244, at *5 (Tex. App.-Dallas Aug. 24,2012,

no pet. h.).

On August 30, 2012, Wise filed a motion for personal bond pending final determination of

appeal in which he asserts he is entitled to release from the Dallas County Jail pursuant to article 44.04(h) of the Texas Code of Criminal Procedure. See TEx. CooECRIM. PROC. ANN. art. 44.04(h)

(West 2006). Article 44.04(h) of the code of criminal procedure, however, entitles a defendant to

release on reasonable bail only if his "conviction is reversed by a decision of a Court of Appeals."

!d. Here, this Court affirmed Wise's conviction but reversed for a new trial on punishment.

Consequently, Wise is not entitled to be released on bond. His motion for personal bond pending

final determination of appeal therefore is DENIED.

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