Case Information

*0 FILE COPY *1 FILE COPY NO. 12-13-00357-CR IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TOCARRA LOCKETT A/K/A § APPEAL FROM THE 420TH

TOCARRA MCKIND,

APPELLANT

§ JUDICIAL DISTRICT COURT

V.

THE STATE OF TEXAS, § NACOGDOCHES COUNTY, TEXAS

APPELLEE

PER CURIAM ORDER

By opinion dated March 25, 2015, this Court reversed the trial court’s judgment of

conviction for unlawful possession of a firearm. Pending before us is Appellant’s motion for

reasonable bail, which he alleges would be a $2,500 surety bond. The State filed a response

requesting that this Court follow Appellant’s recommendation.

Upon reversal of a conviction, a defendant is entitled to release on reasonable bail,

regardless of the length of the term of imprisonment, pending final determination of the appeal

by the State or defendant on petition for petition for discretionary review. T EX . C ODE C RIM .

P ROC . A NN . art. 44.04(h) (West 2006). The statute further provides this Court shall determine

the amount of bail if, as here, bail is requested before a petition for discretionary review has been

filed. See id.

Upon consideration of Appellant’s motion, it appears to the Court that Appellant is

entitled to the relief requested. Accordingly, pursuant to Article 44.04(h), the Court hereby sets

reasonable bail in the amount of $2,500, to be filed with the clerk of the 420th District Court,

conditioned on the sureties being approved by the trial court. See id.

WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12 th

Court of Appeals District of Texas, at Tyler.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT , at my office this the 9th

day of April 2015, A.D.

CATHY S. LUSK, CLERK

12 TH COURT OF APPEALS

By: ________________________________

Katrina McClenny, Chief Deputy Clerk

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