Daniel v. State

OPINION

CLINTON, Judge.

This is an appeal from denial of bail following assessment of punishment and sentence to confinement for not less than five nor more than twenty years in the Texas Department of Corrections, imposed by the trial court August 20,1981.1 Article 44.04, V.A.C.C.P.2 We will affirm the denial of bail.

Appellant seeks to avoid the prohibitory language of Article 44.04(b), supra, viz:

“The defendant may not be released on bail pending the appeal from any felony conviction where the punishment exceeds 15 years confinement but shall immediately be placed in custody and the bail…