Lajuan Cecile Bailey v. State

OPINION ON EN BANC RECONSIDERATION *

Michael Massengale, Justice

A jury convicted appellant Lajuan Cecile Bailey of failure to appear as required for *765a pretrial hearing. See Tex. Penal. Code Ann. § 38.10. It assessed punishment at: 10 years’ confinement and a $10,000 fine. See id. § 12.34.

It was undisputed that Bailey failed to appear as required for a pretrial hearing, and her trial strategy was to invoke the statutory defense available when “the actor had a reasonable excuse” for her failure to appear in accordance with the terms of her release. See id. § 38.10(c). She affirmatively…