Steven Hernandez v. State
2015 Tex. App. LEXIS 5276
| Tex. App. | 2015Background
- Hernandez was arrested for aggravated robbery on September 25, 2014, with an initial bond set at $75,000.
- On December 18, Hernandez was released on a $25,000 personal recognizance bond because the State was not ready for trial and no indictment existed.
- Hernandez was indicted on January 6, 2015; the State moved to increase bond and the court held an ex parte hearing ordering a $75,000 bond.
- Hernandez objected to the ex parte order, and a second hearing with counsel was held; he also filed a habeas corpus application seeking bond relief.
- The court relied on 17.151 to release on personal bond but also held that the court could revisit bond under 17.09 when appropriate, and that the increase could be justified by new circumstances after indictment.
- The trial court ultimately reinstated the original $75,000 bond; the appellate court affirmed, finding no abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court had authority to revisit bond under 17.09 after 17.151 release | Hernandez argues no revisitation after release under 17.151. | State contends court may review bond under 17.09 for good cause post-indictment. | Court had authority to revisit bond under 17.09. |
| Whether reinstating the $75,000 bond was an abuse of discretion | Bond increase not supported by material changes since December release. | Indictment, DNA evidence, safety concerns, and flight risk justify higher bond. | No abuse; reinstatement of $75,000 was appropriate. |
Key Cases Cited
- Ex parte Castellano, 321 S.W.3d 760 (Tex. App.—Fort Worth 2010, no pet.) (limits on trial-state readiness and indictment timing)
- Gill v. State, 413 S.W.3d 425 (Tex. Crim. App. 2013) (14.151 timing; limits on considerations outside statute)
- Rowe v. State, 853 S.W.2d 581 (Tex. Crim. App. 1993) (statutory framework for bail and detention)