Holly Lynn Harrison v. State

Order filed March 3, 2020

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00372-CR ____________

HOLLY LYNN HARRISON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 368th District Court Williamson County, Texas Trial Court Cause No. 16-0276-K368

ORDER

On January 28, 2020, this Court rendered its judgment reversing the trial court’s judgment and ordering a new trial. On January 28, 2020, appellant, Holly Lynn Harrison, filed a motion requesting this Court to set reasonable bail. Tex. Code Crim. Proc. art. 44.04(h). We find that we have jurisdiction to set bail following a reversal of the trial court’s judgment. See Tex. R. App. P. 51.2(c)(1).

We find appellant’s motion meritorious, grant the motion, and ORDER the appellant, Holly Lynn Harrison, released on bail upon her giving good and sufficient bond, signed by

appellant as principal and with sureties as required by law, in the sum of $35,000, total, pending final disposition by the trial court below. See Tex. Code Crim. Proc. art. 44.04(h). Any conditions on bail must be set by the trial court, and any sureties on bail must be approved by the trial court. Foreman v. State, 565 S.W.3d 371, 373 (Tex. App.—Houston [14th Dist.] 2018, no pet.) (citing Tex. Code Crim. Proc. arts. 17.40–.49 (allowing magistrate to set conditions on bail), 44.04(h) (requiring trial court to approve sureties); Leonard v. State, 376 S.W.3d 886, 890 (Tex. App.–Fort Worth 2012, pet. ref’d) (holding trial court has authority to set reasonable conditions for bail set under section 44.04(h)))

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.