Wise, WW v. State ( 2012 )

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Order issued September 10,2012
In The
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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