Ex Parte: Tricha Ann McLendon
356 S.W.3d 541
| Tex. App. | 2011Background
- McLendon was convicted of possession of methamphetamine in an amount less than one gram and sentenced to two years’ confinement in a state jail.
- Indigent McLendon moved for reasonable bail pending appeal, seeking to remain at large or be admitted to bail no more than $2,500 until final conviction.
- Trial court set bond at $50,000 and imposed weekly drug testing as a condition of bond.
- McLendon appealed, contending the bond amount was unreasonable and that weekly drug testing was an improper condition; she failed to preserve the drug-testing issue for review.
- The court held the bond amount reasonable and affirmed the judgment, overruling the preservation issue.
- There is a dissent noting lack of a reported hearing on the motion and urging a lower bond amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of error on drug testing | McLendon argues the trial court erred by conditioning bail on weekly drug testing. | State contends the point was not preserved for review because no objection was raised to the drug-testing condition below. | Point not preserved; affirmed the bond decision. |
| Reasonableness of the bond amount | McLendon asserts $50,000 bond is excessive given offense, nonviolent nature, and indigence. | Court may set a reasonable bond considering offense nature, flight risk, and defendant’s circumstances; in this record bond was reasonable. | Bond amount reasonable; affirmed. |
Key Cases Cited
- Ex parte Rubac, 611 S.W.2d 848 (Tex.Crim.App. 1981) (consider factors guiding bail decisions; work record, ties, residency, prior record)
- Ex parte Kimes, 872 S.W.2d 700 (Tex.Crim.App. 1993) (burden to prove facts entitling relief in bail matters)
- Ex parte Charlesworth, 600 S.W.2d 816 (Tex.Crim.App. 1980) (burden on applicant in bail reduction proceedings)
- Ex parte Davila, 623 S.W.2d 408 (Tex.Crim.App. 1981) (nature of offense and punishment as factors in reasonable bail)
- Maldonado v. State, 999 S.W.2d 91 (Tex.App.-Houston [14th Dist.] 1999) (consider offense nature and potential punishment in bail determinations)
- Ex parte Hunt, 138 S.W.3d 503 (Tex.App.-Fort Worth 2004) (relevance of offense nature in bail context)
- Montgomery v. State, 810 S.W.2d 372 (Tex.Crim.App. 1990) (abuse of discretion standard; zone of reasonable disagreement)