Gentry, Samuel C. ( 2015 )

PD-1312-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 11, 2015 Transmitted 5/8/2015 1:55:33 PM
Accepted 5/11/2015 4:29:02 PM
ABEL ACOSTA
PD-1312-14 CLERK
SAMUEL C. GENTRY § IN THE COURT OF
§
vs. § CRIMINAL APPEALS
§
THE STATE OF TEXAS § AUSTIN, TEXAS
MOTION FOR BOND PENDING PDR
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW Samuel Gentry, Defendant in the above-styled and numbered
cause, by and through his attorney of record, and moves this Honorable Court to
set a reasonable appeal bond in this cause; and in support of this Motion the
Defendant would show as follows:
I.
On 27 August 2014, Mr. Gentry, who had been convicted of a felony DWI
in Smith County, had his conviction reversed by the Twelfth Court of Appeals.
Gentry v. State, 12-13-00168-CR (Tex.App.—Tyler). On 26 September 2014, the
State timely filed a Petition for Discretionary Review. That case is still pending
and Mr. Gentry remains incarcerated.
II.
Mr. Gentry is eligible for a bond pending the Court’s disposition of the
State’s PDR. Article 44.04(h) of the Texas Code of Criminal Procedure provides,
“If a conviction is reversed by a decision of a Court of Appeals, the defendant is
entitled to release on reasonable bail … pending final determination [of a PDR].”
Therefore, in accordance with the provision, Mr. Gentry would request the Court
set a reasonable bond.
III.
As Mr. Gentry is currently incarcerated, he has only minimal financial
resources and asks the Court to require the posting of bond in an amount no greater
than absolutely necessary to reasonably and adequately secure his presence before
this Court and any other court to which these proceedings may subsequently be
remanded.
WHEREFORE, PREMISES CONSIDERED, Mr. Gentry respectfully
requests that this Honorable Court set an bond in this case pending the disposition
of the State’s PDR.
Respectfully submitted,
/s/Austin Reeve Jackson
Texas Bar No. 24046139
112 East Line, Suite 310
Tyler, TX 75702
Telephone: (903) 595-6070
Facsimile: (866) 387-0152
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
document was served on counsel for the State by efile concurrently with its filing.
/s/Austin Reeve Jackson