Legal Opinion
Ex Parte Byers
Court of Criminal Appeals of Texas
Decided October 22, 1980No. 65021PublishedCited by 18 opinions
1Opinion of the Court
OPINION
ROBERTS, Judge.
Byers has been found guilty of burglary of a habitation, assessed a punishment of fifteen years’ confinement and a $5000 fine, and sentenced. He gave notice of appeal and asked to be admitted to bail but the trial court refused, apparently holding that he was not eligible for bail.
The question presented is whether a defendant whose punishment was assessed at fifteen years’ confinement and a fine is eligible to be admitted to bail pending appeal. The answer is, Yes.
As originally drafted, Article 44.04 of the 1965 Code of Criminal Procedure spoke explicitly to the question…
2Cases cited3 opinions
- Houlihan v. StateCourt of Criminal Appeals of Texas · 1979
- Broggi v. CurryCourt of Criminal Appeals of Texas · 1978
- Ex Parte FowlerCourt of Criminal Appeals of Texas · 1978
3Cited by18 opinions
- State Ex Rel. Hill v. Court of Appeals for the Fifth DistrictCourt of Criminal Appeals of Texas · 2001
- Hill v. Court of Appeals for Fifth Dist.Court of Criminal Appeals of Texas · 2001
- Ex Parte SpauldingCourt of Criminal Appeals of Texas · 1981
- Ex Parte ReeseCourt of Appeals of Texas · 1984
- In Re Beck, Texas Court of Appeals, 5th District (Dallas)2000
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