CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

MOTION FOR REASONABLE BAIL PENDING APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

	Now comes JOHN DOE, Defendant in the above styled and numbered cause, and moves this Court to set bail in a reasonable amount pending appeal, pursuant to Tex. Code Crim. Proc. Ann. art. 44.04(c), and shows the following in support.
	1.	JOHN DOE was convicted of the felony offense of ________________  and, on the ______ day of _____, 200__, was sentenced to _____________________(Sentence)  years imprisonment.  Written notice of appeal was filed on the ______ day of .
	2.	Tex. Code Crim. Proc. Ann. art. 44.04(c) provides, in pertinent part:

"Pending the appeal from any felony conviction other than a conviction described in Subsection (b) of this section, the trial court may deny bail and commit the defendant to custody if there then exists good cause to believe that the defendant would not appear when his conviction became final or is likely to commit another offense while on bail, permit the defendant to remain at large on the existing bail, or, if not then on bail, admit him to reasonable bail until his conviction becomes final.  The court may impose reasonable conditions on bail pending the finality of his conviction.  On a finding by the court on a preponderance of the evidence of a violation of a condition, the court may revoke the bail."

	3.	JOHN DOE's punishment does not equal or exceed 10 years.  Furthermore, JOHN DOE's conviction is not one of those listed in section 3g(a)(1), article 42.12, Texas Code of Criminal Procedure.  There is no cause to believe that JOHN DOE will not appear should conviction become final, and there is no cause to believe that JOHN DOE will likely commit another offense while on bail.  Accordingly, JOHN DOE is eligible for bail pending appeal under article 44.04(c), Texas Code of Criminal Procedure.
	4.	Considering the totality of circumstances, JOHN DOE requests to be admitted to reasonable bail, in the amount of no more than $_______________, until conviction becomes final.
	WHEREFORE, PREMISES CONSIDERED, JOHN DOE prays that this Court set reasonable bail pending disposition of appeal.

Respectfully submitted,

By:  _______________________________________

	CERTIFICATE OF SERVICE

	This is to certify that, a true and correct copy of the above and foregoing document was hand-delivered to the __________Attorney of _____________ County, Texas on this ________ day of ________, 200__.

_______________________________________

	CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

	ORDER SETTING HEARING ON DEFENDANT’S 
	MOTION FOR REASONABLE BAIL PENDING APPEAL

	On the ________ day of , the Defendant filed a Motion for Reasonable Bail Pending Appeal.  The Court finds that the party is entitled to a hearing on this matter, and it is THEREFORE ORDERED that a hearing on this motion is set for the ________ day of _________________________, 2007 at                   .m. in the __________Court of____________ County, Texas. 

	Signed on the ________ day of .

_______________________________________
JUDGE PRESIDING

	CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

	ORDER ON DEFENDANT’S 
	MOTION FOR REASONABLE BAIL PENDING APPEAL

	On the ________ day of , the Court heard Defendant, JOHN DOE’s Motion for Reasonable Bail Pending Appeal.
	The Court finds that the Motion should be and is hereby:
	_______________  GRANTED.  IT IS ORDERED that the amount of bail is hereby set at $                                         and the Sheriff of ____________ County, Texas, is hereby ordered to release said Applicant upon his giving bail in said amount; or
	_______________ DENIED.
	Signed on the ________ day of .

_______________________________________
JUDGE PRESIDING