Ex Parte:Tevin Dillard
12-17-00213-CR
| Tex. App. | Dec 6, 2017Background
- Tevin Dillard was convicted of credit card/debit card abuse and sentenced to 24 months imprisonment; he filed a timely appeal and was released on a $50,000 appeal bond.
- Approximately one month after release, a urine test showed marijuana use; the trial court revoked the $50,000 bond and set an appeal bond at $150,000.
- Dillard filed a habeas application seeking reduction of the $150,000 bail; after a hearing the trial court reduced bail to $100,000 and Dillard appealed that order.
- At the habeas hearing Dillard testified he lived with his mother, earned $14/hour in construction, had no savings or significant assets, had not asked family for specific financial help, and had been rearrested on a bond violation; he said he could not make $150,000 but might afford $50,000 or less.
- The trial court relied on factors including the conviction offense, Dillard’s prior felony probation, and his violation of bond conditions when increasing and then setting the reduced bail at $100,000.
Issues
| Issue | Plaintiff's Argument (Dillard) | Defendant's Argument (State/Trial Court) | Held |
|---|---|---|---|
| Whether $100,000 appeal bail is excessive under Eighth/Fourteenth Amendments, Texas Constitution, and Crim. Proc. arts. 17.15 & 44.04(c) | $100,000 is excessive and oppressive; Dillard cannot make that bond even with family help | Bail must secure appearance; trial court may consider nature of offense, prior record, bond compliance, and ability to pay; Dillard violated prior bond and has prior felony probation | Court affirmed: Dillard failed to prove bail excessive; trial court did not abuse discretion in setting $100,000 bail |
Key Cases Cited
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (primary objective of appeal bond and factors for reasonableness)
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) (abuse-of-discretion test requires adherence to guiding rules and principles)
- Ex parte Williams, 467 S.W.2d 433 (Tex. Crim. App. 1971) (applicant must show efforts to furnish bail in the amounts fixed)
- Ex parte Miller, 631 S.W.2d 825 (Tex. App.—Fort Worth 1982) (applicant’s burden to attempt to procure bail)
- Ex parte Gentry, 615 S.W.2d 228 (Tex. Crim. App. 1981) (ability to make bail is a factor but not controlling)