Robie Lee Lawhon v. State
03-15-00265-CR
| Tex. App. | Jul 22, 2015Background
- Robie Lee Lawhon was indicted on two counts of second-degree felony manslaughter; a separate second-degree assault charge also had bond set though he was not indicted on that assault at the time of the hearing.
- Initial bonds were $250,000 for each manslaughter count and $100,000 for the assault; at the habeas hearing the trial court reduced bonds to $150,000 (each manslaughter) and $20,000 (assault), totaling $320,000.
- Evidence at the bond-reduction hearing: Lawhon has lived in Milam County ~22 years, graduated high school, maintained steady employment, has strong family/community ties, and completed prior deferred adjudication without violations.
- The defense presented testimony that family cannot afford the bonds (could afford ~$5,000 per case) and a local bondsman testified she would not write bonds over $50,000 and did not consider Lawhon a flight risk.
- The State introduced only the probable cause affidavit and presented no witnesses; the trial court relied primarily on the seriousness of the charged offenses in setting bond levels.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bail set by trial court was excessive in violation of U.S. and Texas Constitutions and Tex. Code Crim. Proc. art. 17.15 | Lawhon: bail is greater than reasonably necessary given employment, residency, family ties, minimal criminal history, compliance with prior conditions, and inability to pay; trial court abused discretion by relying solely on offense seriousness | State: (implicit) seriousness of manslaughter charges justifies high bail; probable cause affidavit supports bond amounts | Trial court reduced bonds but kept them at $150,000 (each manslaughter) and $20,000 (assault); appellant argues this remains excessive and that the court abused its discretion by not adequately considering statutory factors |
Key Cases Cited
- Ex parte Jamell D. Brooks, 376 S.W.3d 222 (Tex. App.—Fort Worth 2012) (factors to weigh in bail-excessiveness review and balancing presumption of innocence against appearance assurance)
- Ex parte Richard Emil Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (trial court abused discretion where bail exceeded ability to pay and no aggravating factors shown)
- Ex parte Bufkin, Juan De la Cruz & Richard Bowker, 553 S.W.2d 116 (Tex. Crim. App. 1977) (reduced high bonds where defendants showed stable ties/employment and State offered no evidence of flight risk)
- Montalvo v. State, 315 S.W.3d 588 (Tex. App.—Houston [1st Dist.] 2010) (appellate review must measure trial court’s ruling against statutory criteria)