Ex Parte Hebert

OPINION

W. C. DAVIS, Judge.

Appeal is taken from an order denying release in a habeas corpus proceeding in which petitioner sought release on bail pending appeal from a felony conviction.

The record reflects that on August 23, 1977, petitioner was convicted of the offense of rape of a child. The jury assessed punishment at ten (10) years in the Texas Department of Corrections.

On April 7, 1978, a hearing was held on petitioner’s writ of habeas corpus, after which the trial court denied petitioner’s request for bail pending appeal, pursuant to Article 44.04(c), Vernon’s Ann.C.C.P.

Article 44.04(c),…