Ex Parte: Jareth Cardenas
08-21-00034-CR
| Tex. App. | Jul 21, 2021Background
- Appellant Jareth Cardenas was arrested Oct. 24, 2020 on ten felony child‑sex offense counts; original bond was $500,000 ($50,000 per count).
- He remained detained past 90 days without indictment and filed a habeas application on Jan. 29, 2021 challenging his bond under Tex. Code Crim. Proc. art. 17.151.
- The State indicted Cardenas after the 90‑day period, consolidating the ten counts into three counts.
- Governor Abbott’s COVID‑19 Emergency Order GA‑13 (Mar. 29, 2020) purported to suspend Article 17.151 to the extent it required automatic release on personal bond when the State was not ready for trial.
- At the habeas hearing, testimony and financial evidence showed Cardenas had roughly $1,200 in accounts, a pickup (~$1,000), two nonrunning vehicles, and estimated he could post ~$1,500 in cash or ~$15,000 using a bond company.
- The district court reduced bond to $110,000; Cardenas could not post it and appealed. The court of appeals reversed and remanded for bond to be set at an amount he can afford.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GA‑13 constitutionally suspends Article 17.151 and whether that question is ripe | Cardenas: GA‑13 is unconstitutional; Article 17.151 requires release on personal bond or an affordable bond after 90 days | State: GA‑13 suspended Article 17.151 (so challenge not ripe); suspension permits denying personal bond | Court avoided ruling on GA‑13’s constitutionality; followed higher court guidance that GA‑13 suspends only the personal‑bond requirement but does not eliminate the obligation to set a bond the defendant can afford |
| Whether a habeas court that reduces bail after a >90‑day detention must set bail at an amount the record shows the defendant can make | Cardenas: If not released on personal bond, Article 17.151 mandates bail be reduced to an amount he can afford | District court/State: Reduced bail to $110,000; did not set an amount supported by record as affordable | Court held the $110,000 reduction was an abuse of discretion because record did not support affordability; reversed and remanded to set bond defendant can make |
Key Cases Cited
- Ex parte Gill, 413 S.W.3d 425 (Tex. Crim. App. 2013) (Article 17.151 operates with — not subordinate to — Article 17.15; habeas court must effectuate release)
- Ex parte Castellano, 321 S.W.3d 760 (Tex. App.—Fort Worth 2010) (State cannot claim it is "ready" for trial when no indictment has been returned)
- Rowe v. State, 853 S.W.2d 581 (Tex. Crim. App. 1993) (when court reduces bail under Article 17.151, it must set an amount the record shows the accused can make)