Ex Parte Briones

OPINION

ODOM, Judge.

This is an appeal from an order in a habeas corpus proceeding denying bail for petitioner pending the appeal of his conviction for robbery.

Appellant was convicted of robbery on October 3,1977, and a jury assessed punishment at thirteen years. Subsequently notice of appeal was given and appellant filed an application for habeas corpus requesting bail be set pursuant to Article 44.04, V.A.C. C.P, The court, after return was made on the writ, heard the application and refused to set bail on authority of Article 42.09, V.A.C.C.P. Appeal was taken from that denial of relief.

Appel…