Jeremy Deshawn Dugar v. State
14-14-00245-CR
Tex. App.Apr 24, 2015Background
- Appellant Jeremy Deshawn Dugar was convicted of felony murder and sentenced to 12 years in prison in Harris County, Texas.
- On reversal by the Houston Fourteenth Court of Appeals, the conviction was reversed on April 9, 2015 for error regarding self-defense instructions and innocent bystander issue.
- On April 22, 2015, Dugar filed a motion for bail under Tex. Code Crim. Proc. art. 44.04(h) seeking release pending final disposition of his appeal.
- Tex. Code Crim. Proc. art. 44.04(h) permits reasonable bail after reversal, regardless of imprisonment length, pending final determination of appeal.
- The State argues for a bond of at least $100,000 with electronic monitoring and additional conditions.
- The State notes Dugar has not provided affidavits or financial information to support indigence and that his pre-trial bond was $50,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dugar is entitled to reasonable bail under Article 44.04(h). | Dugar is entitled to release on reasonable bail after reversal. | Indigence and lack of financial information complicate setting bail; appellant seeks low or no bond. | Not stated in this document. |
| What factors govern setting reasonable bail in reversal context. | Court should consider standard factors including finances, ties, residency, prior record, offense nature, and likelihood of retry. | No specific alternative factors presented beyond those in statute; arguments focus on indigence and prior bond. | Not stated in this document. |
| Whether bond should reflect the seriousness of felony murder and the potential for retry. | Suggests higher bond due to severity and retry potential. | Not explicitly argued beyond indigence and pre-trial bond discussion. | Not stated in this document. |
Key Cases Cited
- Milner v. State, 263 S.W.3d 146 (Tex. App.—Houston [1st Dist.] 2006) (indigence and finances may affect bail considerations, but not sole control)
- Richardson v. State, 181 S.W.3d 756 (Tex. App.—Waco 2005) (consideration of funds of family members in bail decisions)
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (analysis of bail standards and conditions)
- Aviles v. State, 26 S.W.3d 696 (Tex. App.—Houston [14th Dist.] 2000) (citing factors for bail and bond conditions)
- Werner v. State, 445 S.W.3d 301 (Tex. App.—Houston [1st Dist.] 2013) (bond considerations and conditions)
- Ex parte Anderer, 61 S.W.3d 398 (Tex. Crim. App. 2001) (reasonableness of bond conditions; safety considerations)