Swinnea v. State

OPINION

McCORMICK, Judge.

This is an appeal from a denial of the trial court to reduce bail pending appeal. Article 44.04(g), V.A.C.C.P.

On November 14, 1974, appellant was found guilty of possession of heroin. Punishment was assessed at five years and a $3,000 fine. Appellant was placed on five years’ probation. Probation was revoked February 2,1981, and the trial court set bail at $50,000 pending appeal.

Appellant argues the trial court abused its discretion in setting bail at $50,000. We agree.

Article 17.15, V.A.C.C.P., provides:

“The amount of bail to be required in any case is to be regulated…