in Re Shawn Alfred Tyler

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-08-006 CV ______________________ IN RE SHAWN ALFRED TYLER

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Original Proceeding

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  MEMORANDUM OPINION

Relator Shawn Alfred Tyler filed a petition for writ of mandamus, in which he asks this Court to compel the trial judge to consider his motion for bond pending appeal.

Article 44.04(b) of the Texas Code of Criminal Procedure provides that a "defendant may not be released on bail pending the appeal from any felony conviction where the punishment equals or exceeds 10 years confinement. . . . " Tex. Code Crim. Proc. Ann. art. 44.04(b) (Vernon 2006). In his petition, Tyler states the trial court sentenced him to ten years of confinement for injury to a child. See Tex. Pen. Code Ann. § 22.04 (Vernon Supp. 2007) (Injury to a child is a felony offense.). Tyler has not shown he is entitled to bond pending appeal. See Tex. Code Crim. Proc. Ann. art. 44.04(b). Relator has not shown that he is clearly entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Accordingly, we deny relief on the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered January 31, 2008

Before Gaultney, Kreger, and Horton, JJ.