Ex Parte Tabor

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

Our opinions on original submission are withdrawn and the following is substituted in lieu thereof.

This is an appeal from an order of the 35th District Court entered in a habeas corpus proceeding denying bail pending appeal.

The trial court denied bail on the ground that the appellant waived his right of appeal. Appellant does not deny that he had waived his right of appeal, but contends he subsequently gave notice of appeal within ten days of sentencing and he is therefore entitled to bail pending appeal. See Article 44.08,…