IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1231-14
RAYMOND MCKINNEY, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S MOTION FOR BAIL PENDING APPEAL
BEXAR COUNTY
Per curiam.
ORDER
Appellant was convicted of possession of a controlled substance in Cause No.
2012CR8329 in the 226th District Court of Bexar County. Punishment was assessed at
twelve years’ confinement. The Court of Appeals reversed the conviction. McKinney v.
State, 444 S.W.3d 128 (Tex. App.—San Antonio, pet. ref’d)). The State filed a petition for
discretionary review, which this Court refused on December 10, 2014. McKinney v. State,
No. PD-1231-14 (Tex. Crim. App. Dec. 10, 2014).
MCKINNEY - 2
Appellant has filed a Writ of Habeas Corpus Seeking Bail, which this Court will
consider as an application under Article 44.04(h) of the Code of Criminal Procedure, to set
a reasonable bail pending final determination of the appeal. However, before this Court can
set a reasonable bail we must have adequate information upon which to determine a
reasonable amount. Appellant fails to provide adequate information. The relevant factors
to consider in deciding a reasonable bail amount are: (1) nature of offense, (2) ability to make
bail, (3) prior criminal record, (4) conformity with previous bond conditions, (5) employment
record, (6) family ties to the community, and (7) length of residence in community. See
Montalvo v. State, 786 S.W.2d 710 (Tex. Crim. App. 1989).
Therefore, Appellant must redraft his request for bail under Art. 44.04(h) in order for
this Court to set a reasonable bail.
Entered December 16, 2014.
Do Not Publish
McKinney, Raymond
Combined Opinion