Biera, Adrian ( 2009 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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   NO. PD- 1646-08

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ADRIAN BIERA, Appellant

                                                                      v.

                                                  THE STATE OF TEXAS

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ON APPELLANT’S MOTION FOR BAIL PENDING APPEAL

UNDER ARTICLE 44.04(h), V.A.C.C.P.   

                               FROM THE SEVENTH COURT OF APPEALS

LUBBOCK COUNTY

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                                                              O R D E R

            Appellant was convicted in Cause No. 2005-410,709 in the 140th District Court of Lubbock County of aggravated robbery. The trial court sentenced him to confinement for 60 years. The Court of Appeals reversed the conviction and remanded the case to the trial court. Biera v. State, ___ S.W.3d ___(Tex. App. – Amarillo No. 07-06-00335-CR,delivered October 13, 2008). The State has filed a petition for discretionary review which is at the Court of Appeals.

           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, before this Court can set a reasonable 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.Cr.App. 1989).

           Therefore, Appellant must redraft his request for bail under Art. 44.04(h) in order for this Court to set a reasonable bail.

           IT IS SO ORDERED this the 26th day of January, 2009.

PER CURIAM

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