Ex Parte Spaulding

OPINION

TOM G. DAVIS, Judge.

Petitioner seeks habeas corpus relief from the trial court’s order refusing to set bond pending appeal. On August 31, 1979, petitioner was found guilty by a jury of aggravated rape and punishment was assessed at fifteen years. In denying bail on appeal, the trial court entered an order which recites that based upon the evidence presented during the trial of this case, there is good cause to believe that the petitioner would not appear when his conviction becomes final.1

*510Art. 44.04(g), V.A.C.C.P., provides as follows:

“The right of appeal to the Court of Criminal…