Ex parte Dupuy
498 S.W.3d 220
| Tex. App. | 2016Background
- Appellant was indicted on two counts of third-degree felony online impersonation for allegedly posting escort ads using the names, photos, and phone numbers of two women (A.E. and C.N.) to harass and intimidate them.
- Investigation linked the ads to an account created Dec. 16, 2014, and to an IP address resolving to appellant's apartment; a GPS device like one seized from appellant was found on a lawyer's car and harassing texts traced to appellant's phone.
- A June 25, 2015 search of appellant's apartment (after forced entry) produced two 9mm handguns (one with silencer), a bullet observed dropped by appellant, plastic restraints, a high-voltage stun gun, knives, duct tape, electronics, and a laptop and phone containing relevant searches and messages.
- Appellant (indigent, on prior deferred adjudication) sought reduction of magistrate-set bail ($300,000 each) to $10,000 each; after a hearing the trial court reduced bail to $200,000 per case and imposed restrictive bond conditions (home confinement, no social media or texting, daily travel journal, weapon restrictions, weekly appearances).
- Appellant appealed the bail denial/reduction; he filed pro se briefs while represented by court-appointed counsel, but the court treated counsel as counsel of record and declined hybrid representation.
- The appellate court reviewed the bail ruling for abuse of discretion, considered statutory and rubric factors (Art. 17.15 and Rubac factors), and affirmed the trial court's orders.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether appellant was entitled to hybrid representation on appeal | Appellant sought to have his pro se briefs considered alongside counsel's brief | State (and court) asserted appellant remained represented; no motion to proceed pro se or good-cause record to permit hybrid representation | Court refused hybrid representation; considered appointed counsel's brief only |
| Whether bail ($200,000 per case) was excessive | Bail is oppressive given appellant's indigence and lower-tier, "virtual" nonviolent offenses; county bail schedules suggest much lower amounts | Bail was justified by offense seriousness, flight risk, and danger to victims/community based on evidence | No abuse of discretion; $200,000 per case upheld |
| Whether trial court abused discretion by weighing future safety/community risk | Appellant disputed that online impersonation justified treating him as dangerous | State pointed to escalating harassment, GPS device on third party, harassing texts, weapons and restraints found, and internet searches about killing/garrotes | Court found record supported a substantial future-safety risk; factor favors higher bail |
| Whether bond conditions (speech, travel, utensils, weapons limits, GPS/journaling, weekly check-ins) were unreasonable | Appellant argued conditions unduly restricted First Amendment and were paternalistic and unprecedented | State argued conditions were authorized, tailored to safety concerns and harassment via social media/texts; conditions were reasonable given evidence | Issue inadequately briefed by appellant and therefore waived; in any event conditions fall within authorized, reasonable restraints |
Key Cases Cited
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (standard for reviewing bail for abuse of discretion and factors to consider)
- Ex parte Castillo-Lorente, 420 S.W.3d 884 (Tex. App.-Houston [14th Dist.] 2014) (abuse-of-discretion review in bail context)
- Martinez v. California, 528 U.S. 152 (2000) (no federal constitutional right to self-representation on direct appeal; courts may allow pro se appellate representation in their discretion)
- Faretta v. California, 422 U.S. 806 (1975) (constitutional right to self-representation at trial requires a knowing and intelligent waiver)
- Ex parte Melartin, 464 S.W.3d 789 (Tex. App.-Houston [14th Dist.] 2015) (balance between presumption of innocence and bail-setting)
- Ex parte Bogia, 56 S.W.3d 835 (Tex. App.-Houston [1st Dist.] 2001) (discussion of how bail reduces flight risk and creates funds to secure defendant)