Teodoro Miguel Hernandez v. State ( 2016 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-15-00167-CR
TEODORO MIGUEL HERNANDEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 428th District Court
Hays County, Texas
Trial Court No. CR-14-0339
Before Morriss, C.J., Moseley and Burgess, JJ.
ORDER
Teodoro Miguel Hernandez was convicted in Hays County of aggravated assault with a
deadly weapon and sexual assault. Hernandez was sentenced to serve seven years’ confinement
for his conviction of aggravated assault with a deadly weapon and was sentenced to ten years’
confinement for his conviction of sexual assault. The ten-year sentence for sexual assault was
suspended, and Hernandez was placed on community supervision for a period of ten years.
Sentence was imposed for both convictions June 18, 2015. In an opinion issued August 5, 2016,
we reversed the judgment convicting Hernandez of and sentencing him for the crime of aggravated
assault with a deadly weapon and, in lieu of that judgment, rendered a judgment convicting
Hernandez of the lesser-included offense of assault. We remanded this case to the trial court for a
new punishment hearing for the offense of assault, a class A misdemeanor, see TEX. PENAL CODE
ANN. § 22.01 (West Supp. 2016), punishable by confinement in jail for a term not to exceed one
year, TEX. PENAL CODE ANN. § 12.21 (West 2011). We affirmed the trial court’s judgment of
conviction as to the offense of sexual assault.
On August 22, 2016, Hernandez filed a motion pursuant to Article 44.04(h) of the Texas
Code of Criminal Procedure asking this Court to set bail pending final determination of his appeal.
See TEX. CODE CRIM. PROC. ANN. art. 44.04(h) (West Supp. 2016). Because the appellant’s motion
was filed before the filing of a petition for discretionary review, this Court has jurisdiction to set
the amount of bail. Hernandez asked this Court to set bail in the amount of $2,000.00. The State
filed a reply to Hernandez’ motion for bail, at the Court’s request, asking the Court to assess a cash
surety bond in the amount of $20,000.00.
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It appears to this Court that the motion should be granted. Accordingly, based on our
consideration of the nature of the crime, the sentence imposed, and all other relevant factors, bail
is hereby set in the amount of $10,000.00, and it is hereby ORDERED that the trial court order the
appellant released from the confinement assessed in this cause on the posting of said bail by
sureties approved by the trial court. See TEX. CODE CRIM. PROC. ANN. art. 44.04(h). The trial
court is authorized to impose reasonable conditions of bail pending the final determination of
Hernandez’ appeal.
IT IS SO ORDERED.
BY THE COURT
Date: August 25, 2016
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