Jacqulyn Nicole Ferguson v. State, 506 S.W.3d 113

Jacqulyn Ferguson was released on a $100,000 surety bond after a possession charge; bond language did not specify court name, date, time, or felony/misdemeanor.
The case was set for trial in November 2015, continued, and ultimately (apparently) specially set for December 14, 2015; Ferguson did not appear on that date.
Defense counsel testified he informed Ferguson of a December trial generally but never communicated the specific December 14 date; the court record likewise lacks evidence the court personally notified Ferguson of the December 14 setting.
Nick’s Bail Bonds (the surety) admitted it did not mail written notice of the December 14 setting to Ferguson and its agent had no specific notice of that special setting.
The State’s only evidence claiming prior notice was a bail bondsman’s testimony recounting a post hoc Facebook message in which Ferguson allegedly said she "knew she had to be in court," without showing the message predated December 14 or referenced that specific date.
Trial court convicted Ferguson of bail jumping/failure to appear; on appeal the Court of Appeals reversed and rendered an acquittal for lack of legally sufficient evidence that her failure to appear was intentional or knowing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proved Ferguson intentionally or knowingly failed to appear on Dec. 14, 2015	State: bond obligation and communications supported inference Ferguson had notice and thus knowingly missed trial	Ferguson: bond failed to provide date/court; no written/telephone/website notice; counsel and court did not inform her of Dec. 14	Reversed—insufficient evidence to prove she had actual notice before Dec. 14, so mens rea not proven
Whether the bond itself provided prima facie notice	State: instanter bond generally suffices to show notice	Ferguson: bond omitted court name, date, time, and offense class so it failed as prima facie evidence of notice	Held bond failed as prima facie evidence of actual notice
Whether post hoc Facebook message proved prior knowledge	State: bondsman’s testimony of message showed Ferguson admitted knowing about December court date	Ferguson: message not produced; unclear whether it referenced Dec. 14 or was sent after the date	Held insufficient—message did not prove she knew of Dec. 14 before that date
Whether State proved culpable mental state beyond reasonable doubt	State relied on circumstantial evidence and argument that defendant should have checked court website	Ferguson: no evidence she had internet access or that website reflected special setting; no evidence of notice	Held State failed to meet its burden; conviction not legally sufficient

Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for legal-sufficiency review)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (evidence must permit any rational trier of fact to find guilt beyond a reasonable doubt)
Richardson v. State, 699 S.W.2d 235 (Tex. App.—Austin 1985) (failure-to-appear requires proof defendant had notice)
Bell v. State, 63 S.W.3d 529 (Tex. App.—Texarkana 2001) (instanter bond may furnish notice, but not if bond omits required terms)
Fish v. State, 734 S.W.2d 741 (Tex. App.—Dallas 1987) (bond lacking required particulars insufficient to prove actual notice)
Euziere v. State, 648 S.W.2d 700 (Tex. Crim. App. 1983) (discussing notice and bond sufficiency in failure-to-appear cases)
Walker v. State, 291 S.W.3d 114 (Tex. App.—Texarkana 2009) (defining mens rea element for bail-jumping)
Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (use of hypothetically correct jury charge in sufficiency review)