Samuel C. Gentry v. State ( 2015 )

:opy
SHARON KELLER ABEL ACOSTA
PRESIDING JUDGE Court of Criminal Appeals CLERK
(5 12) 463-1 55]
P.O. BOX 12308, CAPITOL STATION
LAWRENCE E. MEYERS
CHERYL.JOHNSON
AUSTIN, TEXAS 78711 SIAN.SCUUJi
eENERAL.C OUNSEI
MIKE KEASLER
BARBARA P. HERVEY
ELSA ALCALA
BERT RICHARDSON
"S Conn of AppeateOi^Jct
KEVIN P. YEARY
DAVID NEWELL
JUDGES
JUN 19 2015
Friday, June 19,2015
TYLER TEXAS
Lisa McMinn jV\i n ISK. CLERK
Austin Reeve Jacksoa/f BY
State Prosecuting Attorney Attorney at LaW~
P.O.Box 13046 112 East Line, Suite 310
Austin, TX 78711 Tyler, TX 75702
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
12th Court Of Appeals Clerk District Attorney Smith County
Cathy Lusk Matt Bingham
1517 W. Front, Room 354 100 N. Broadway
Tyler, TX 75701 Tyler, TX 75702
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Re: GENTRY, SAMUEL C.
CCA No. PD-1312-14
Trial Court Case No. 241-1540-12
The Court has this day issued an order for the above referenced cause.
Sincerely,
Abel Acosta, Clerk
Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701
Website www.txcourts.gov/cca.aspx
FILED IN COURT OF APPEALS
12th Court of Appeals District
CATHY S. LUSK, C
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO.PD-1312-14
SAMUEL C. GENTRY, 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 TWELFTH COURT OF APPEALS
SMITH COUNTY
ORDER
Appellant was convicted of felony driving while intoxicated after pleading guilty. He
was sentenced by a jury to life imprisonment. The Court of Appeals reversed the conviction
and remanded the case to the trial court. Gentry v. State, No. 12-13-00168-CR (Tex.
App.-Tyler August 27, 2014)(not designated for publication). The State filed a petition for
discretionary review in this Court.
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,
GENTRY - 2
before this Court can set 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 Article 44.04(h) in order
for this Court to set a reasonable bail.
IT IS SO ORDERED this the 19th day of June, 201 5.
PER CURIAM
Do not publish.