Abraham Jacob Proenza v. State
13-13-00172-CR
| Tex. App. | Aug 25, 2015Background
- Appellant Abraham Jacob Proenza was convicted of injury to a child by omission and sentenced to 40 years; this Court reversed his conviction and remanded for further proceedings.
- Proenza filed a motion under Tex. Code Crim. Proc. art. 44.04(h) requesting release on personal bond or, alternatively, that this Court set reasonable bail pending final determination on appeal.
- The State did not oppose release but asked that bail be set at $50,000 (twice the reduced pretrial amount); Proenza sought lower bail and requested a personal bond.
- The appellate court reviewed statutory bail standards (arts. 17.15 and 44.04(h)) and discretionary factors from Ex parte Rubac and Aviles (work, community ties, prior record, bond compliance, aggravating circumstances, etc.).
- The Court noted Proenza’s pretrial history of compliance (on bond for ~5 years), his ties to Cameron County (parents present; unclear about wife/children), his indigency from incarceration, and the State’s intent to seek discretionary review and likely retrial.
- Balancing assurance of appearance against oppressive bail, the Court granted release pending final determination and set bail at $25,000; trial court must set conditions and approve sureties (personal bond denied by this Court).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellant is entitled to release on reasonable bail under art. 44.04(h) after reversal | Proenza: reversal entitles him to release; requests personal bond or reasonable bail | State: does not oppose release but seeks $50,000 bail | Court: Granted release; set bail at $25,000 and noted trial court must approve conditions/sureties |
| Proper bail amount given factors in art. 17.15 and appellate considerations | Proenza: prior compliance, community ties, indigency justify low bail | State: risk of retrial and likelihood of conviction justify higher bail ($50,000) | Court: Considered factors (offense, sentence, ties, bond history, likelihood of retrial) and set bail at $25,000 to balance assurance and non-oppression |
| Whether this Court can grant a personal bond | Proenza: requests personal bond (no surety) | State: opposed to personal bond request implicitly by seeking secured bail | Court: Cannot grant personal bond; only trial court may approve personal bond/sureties per statutes and precedent (Watson) |
Key Cases Cited
- Aviles v. State, 26 S.W.3d 696 (Tex. App. 2000) (discusses factors courts consider when setting bail and weight given to offense and sentence)
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (lists additional factors relevant to bail decisions)
- Leonard v. State, 376 S.W.3d 886 (Tex. App. 2012) (trial court may set reasonable conditions for bail set under art. 44.04(h))
- Watson v. State, 158 S.W.3d 647 (Tex. App. 2005) (court of appeals lacks authority to grant personal bond; trial court must approve sureties)