Jose Norberto Gonzalez v. the State of Texas
02-24-00120-CR
Tex. App.Aug 22, 2024Background
- Jose Norberto Gonzalez was convicted in Texas for repeatedly violating protective orders that barred him from contacting or coming near his wife, Flora, after instances of domestic violence.
- Gonzalez violated both temporary and final protective orders on multiple occasions, including entering Flora’s home and behaving in a threatening or aggressive manner.
- After conviction and a six-year incarceration sentence, Gonzalez requested release on an appeal bond pending his direct appeal.
- The trial court denied Gonzalez’s appeal bond, citing good cause to believe he would likely commit another offense if released.
- At the appeal-bond hearing, the court considered Gonzalez’s disciplinary incidents while in jail, his criminal history, and information from the Public Safety Report System (PSRS).
Issues
| Issue | Gonzalez's Argument | State's Argument | Held |
|---|---|---|---|
| Consideration of PSRS Info | Trial court erred by considering PSRS info not in evidence or accessible to Gonzalez | PSRS review is required/confidential; no objection raised at hearing | No error; Gonzalez forfeited objection and PSRS use is proper |
| Admission of Jail Incident Reports | Jail disciplinary reports were inadmissible hearsay, irrelevant, and violated confrontation rights | Reports relevant to bond eligibility and public safety | Any error harmless; denial supported by ample other evidence |
Key Cases Cited
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (lists factors for setting bail pending appeal)
- Gonzalez v. State, 544 S.W.3d 363 (Tex. Crim. App. 2018) (abuse of discretion standard in bond review)
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) (abuse of discretion defined as acting without guiding rules/principles)
- Ex parte Spaulding, 612 S.W.2d 509 (Tex. Crim. App. 1981) (scope of appellate review of bail denial)