Ex Parte Larry Flores v. State, 14-15-00620-CR

Ex Parte Larry Flores v. State

14-15-00620-CR

| Tex. App. | Sep 8, 2015

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Case Information

14-15-00619-CR
14-15-00620-CR

In the Fourteenth Court of Appeals of Texas FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
Larry Flores, Appellant
9/8/2015 8:04:11 PM
CHRISTOPHER A. PRINE Clerk
V.
The State of Texas, Appellee

On Appeal from Cause No.'s 1473497 and 1473498 in the $337^{th}$ District Court of Harris County

BRIEF FOR APPELLANT

Oral Argument Requested Clint Davidson, Counsel for Appellant Texas Bar No. 24053172 clintdavidsonlawyer@gmail.com 3303 Main St., Suite 305 Houston, TX 77002 Tel: 713-226-7727 Fax: 713-529-4888

IDENTITY OF PARTIES AND COUNSEL

Appellant

Larry Flores SPN: 00740424 Harris County Jail 701 North San Jacinto Houston, TX 77002

Defense Counsel in Trial Court and Counsel on Appeal

Clint Davidson Attorney at Law 3303 Main St., Suite 305 Houston, TX 77002

State's Counsel in Trial Court

Chelsi Honeycutt Assistant District Attorney Harris County District Attorney's Office 1201 Franklin St. Houston, TX 7002

Judge Presiding

The Honorable Renee Magee 337th District Court 1201 Franklin St., 15th Floor Houston, TX 77002

State's Counsel on Appeal

Allan Curry Chief Prosecutor Appellate Division Harris County District Attorney's Office 1201 Franklin St., Suite 600 Houston, TX 77002

TABLE OF CONTENTS

Identity of Parties and Counsel ..... 2 Table of Contents ..... 3 Index of Authorities ..... 4 Note to the Appendix ..... 6 Statement of the Case ..... 7 Appellant's Points of Error ..... 7

Appellant's bail is excessive and is in violation of Articles 1.07, 1.09, and 17.15 of the Texas Code of Criminal Procedure.
Appellant's bail is excessive and is in violation Article I, Section 11 and Section 13 of the Texas Constitution.
Appellant's bail is excessive and is in violation of the Eighth and Fourteenth Amendments to the United States Constitution. Statement of Facts ..... 8 Summary of the Argument ..... 11 Argument ..... 12 Conclusion and Prayer ..... 17 Certificate of Compliance ..... 17 Certificate of Service ..... 18 Appendix

INDEX OF AUTHORITIES

CASES

Ex parte Bogia, 56 S.W.3d 835, 840 (Tex. App.-Houston [1st Dist.] 2001, no pet.) ..... 16 Ex Parte Brown, 959 S.W.2d 369 (Tex. App.-Fort Worth 1998, no pet.) ..... 15 Ex parte Castellanos, 420 S.W.3d 878, 882 (Tex. App.-Houston [14th Dist.] 2014, no pet.) ..... 14 Ex parte Charlesworth, 600 S.W.2d 316, 317 (Tex.Crim.App. [Panel Op.] 1980); ..... 14 Ex parte Mathews, 151 Tex.Crim. 60, 204 S.W.2d 992 (1947) ..... 14 Ex parte McDonald, 852 S.W.2d 730, 733-35 (Tex.App.-San Antonio 1993, no pet.) ..... 15 Ex parte Melartin, 2015 WL 1544805, (Tex App- Houston [14th Dist.] 2015) ..... 12,14 Ex parte Newman, 38 Tex.Cr.R. 164, 41 S.W. 628 (1897) ..... 15 Ex parte Rodriguez, 595 S.W.2d 549, 550 n. 2 (Tex. Crim. App. [Panel Op.] 1980) ..... 14 Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) ..... 12,16 Ex parte Ruiz, 129 S.W.3d 751 (Tex. App.-Houston [1 $^{st}$ Dist.] 2004, no pet.) ..... 12,16 Golden v. State, 288 S.W.3d 516 (Tex. App.-Houston [1 $^{st}$ Dist.] 2009, pet. ref'd) ..... 12,15 Ludwig v. State, 812 S.W.2d 323 (Tex. Crim. App. 1991) ..... 15 Maldonado v. State , 999 S.W.2d 9, (Tex.App.-Houston [14th Dist.], 1999). ..... 16

*5 Montalvo v. State 315 S.W.3d 588, (Tex. App. - Houston [1 $^{st}$ Dist] 2010, no pet.) ..... 12,13 Stack v. Boyle 342 U.S. 1, 4 (1951) ..... 17 CONSTITUTIONAL PROVISIONS 8th and 14th Amendments, United States Constitution ..... 7,12 Article I Section 11, Texas Constitution. ..... 7,12 Article I, Section 13, Texas Constitution. ..... 7,12 STATUTES Article, 1.07, Texas Code of Criminal Procedure. ..... 7 Article, 1.09, Texas Code of Criminal Procedure. ..... 7 Article 17.15, Texas Code of Criminal Procedure. ..... 7,13

NOTE TO THE APPENDIX OF THIS BRIEF

The Court is requested to take judicial notice of the items in the Appendix. The Appendix to this brief contains certified copies of the charging instruments in the original trial court cases as well as printed copies of the docket sheets detailing the settings and activities in each case. These materials were obtained from the Harris County District Clerk's Office.

In addition, a copy of the District Courts Bail Schedule for 2014 is included. (http://www.justex.net/BailBondSchedule.aspx)

A letter requesting a supplement to the record that contains these items will be sent to the trial court clerk.

STATEMENT OF THE CASE

This is an appeal from the Trial Court's denial of two Applications for a Writ of Habeas Corpus Seeking Reduced Bail filed in each of the Defendant's pending cases in the 337th District Court.

The relief sought by the Defendant was denied by the Court after a hearing on July 9th, 2015. (CR 22) Notice of Appeal was filed on July 10, 2015. (CR 19, 22)

Because writ applications were filed in each of the Defendant's cases pending in the $337^{th}$ District Court, the Court assigned a separate writ number to each case. Cause No. 1438931 was assigned Writ No. 1473497, and is before the 14th Court of Appeals as Case No. 14-15-00619-CR. (CR 1) Cause No. 1455876 was assigned Writ No. 1473498, and is before the 14th Court of Appeals as Case No. 14-15-00620-CR. (CR 1)

APPELLANT'S POINTS OF ERROR

Appellant's bail is excessive and is in violation of Articles 1.07, 1.09, and 17.15 of the Texas Code of Criminal Procedure.
Appellant's bail is excessive and is in violation Article I, Section 11 and Section 13 of the Texas Constitution.
Appellant's bail is excessive and is in violation of the Eighth and Fourteenth Amendments to the United States Constitution

STATEMENT OF FACTS

On August 23, 2014 Appellant Larry Flores was charged by information with the offense of Unlawful Possession of a Firearm, a third degree felony ^[1] , in Cause No. 1438931, in the 337th District Court of Harris County Texas. (RR 3; Appendix: Activities, Cause No. 1438931, pg 1) He appeared in the Trial Court on August 25, 2014, and was ordered to be held without bond. (Id.)

On September 24, 2014, the Court set a bond in the amount of $100,000.00. (Activities 1438931, pg 2) (RR 3) Flores was released on bond on September 26. (Activities 143831, pg 1). An indictment in this case was returned on October 13, 2014. (Appendix, Indictment 1438931)

On January 16, 2015, Flores apparently did not answer the docket call but is shown as present on the Settings record for this case. (Appendix, Settings 1438931, pg1). The Court revoked his bond that day and then reinstated it on January 20th. (RR 4)

On January 27, 2015, Appellant Flores was charged by information with the offense of Possession of a Controlled Substance (Penalty Group 1; 1 to 4 grams) in Cause No. 1455876, also in the 337th District Court (Appendix, Activities, 1455876, pg.1).

On January 29, 2015, Flores appeared in the 337th District Court. His

*9 bond was revoked in Cause No. 1438931. The Court entered an order to hold him without bail. (RR 4-5). Subsequently, an Indictment was returned in Cause No. 1455876 on March 9, 2015, charging the offense of Possession of a Controlled Substance in Penalty Group 1 in an amount less than one gram, a State Jail Felony. (Appendix, Indictment 1455876). There are no enhancement paragraphs in this indictment, contrary to the Court's assertion during the Writ Hearing that Appellant Flores had been indicted in 1445876 as an habitual felon. (RR 4)

On April 8, 2015 Appellant Flores had been in custody without bond for 72 days. The Court set bonds in each case at that time. The bond in Cause no. 1438931 was doubled and set at $$ 200, 000.00$ . The bond in Cause No. 1455876 was set at $$ 100, 000.00$ , for an aggregate total of $$ 300, 000.00$ .

On July 9, 2015 a hearing was held in the $337^{th}$ District Court on Appellant's Application for a Writ of Habeas Corpus Seeking Reduced Bail in each pending case. (Writ No. 1474397 for Cause No. 1438931, and Writ No. 1474398 for Cause No. 1455876. (RR 3; CR 1, 22)

At the writ hearing, Appellant's sister Angela Castillo was called as a witness by the defense. Ms. Castillo stated that Appellant Flores was born in Houston, Texas; that there were three other brothers and a sister in the family, and that their parents were deceased. She lives in the Houston area at 2911

*10 Cochran (according to the case records this is Appellant's address of record as well), and that if Appellant were released he would be staying there with her. Ms. Castillo stated that Appellant did not have a passport. (RR 6-8)

With regard to the question of posting a $$ 300, 000.00$ bond for Appellant, Ms. Castillo stated that neither Appellant or the family have the financial resources or collateral to post a bond in that amount. She also stated that Appellant had previously been employed in the construction industry before he was taken in custody. (RR 8-9)

The State did not call any witnesses at the hearing. The facts of the Appellant's pending cases were not developed. Although during argument the State alleged that Appellant had a number to prior weapons related offenses, no evidence or testimony was offered regarding Appellant's criminal history.

After hearing testimony and argument, the Court entered orders denying relief on each Writ. (RR 19; CR 18) This appeal followed.

*11

SUMMARY OF THE ARGUMENT

Trial court abused its discretion in refusing lower Appellants bonds and set reasonable bail in each of his cases. A person accused of a crime has a constitutional right to reasonable bail. The right to be free from excessive bail is protected by the United States and Texas Constitutions.

The bonds set by the court in these cases in the sum of $$ 300, 000.00$ are clearly excessive and the result is that Appellant has been effectively denied bail.

Bail is excessive if it is incommensurate with the offense(s) charged; not consistent with precedent, and clearly beyond the financial means of the defendant.

*12

ARGUMENT

Trial court abused its discretion in refusing lower Appellants bonds and set reasonable bail in each of his cases. The bonds set by the court in these cases in the sum of $$ 300, 000.00$ are clearly excessive and the result is that Appellant has been effectively denied bail. This does not fall within the zone of reasonable disagreement. Montalvo v. State 315 S.W.3d 588, 592 (Tex. App. - Houston [1 $^{st}$ Dist] 2010, no pet.)

A person accused of a crime has a constitutional right to reasonable bail. The right to be free from excessive bail is protected by the United States and Texas Constitutions. See U.S. Const. amend. VIII; Tex. Const. art. I, § 11, 13; Ex parte Melartin, 2015 WL 1544805, (Tex App- Houston [14th Dist.] 2015).

The standard of review for a claim that a trial court set excessive bail is to evaluate whether or not the trial court abused its discretion in setting a defendant's bail. Golden v. State, 288 S.W.3d 516, 519 (Tex.App.-Houston [1st Dist.] 2009, pet. ref'd) Ex parte Ruiz, 129 S.W.3d 751, 753 (Tex.App.-Houston [1st Dist.] 2004, no pet.) Ex parte Rubac, 611 S.W.2d 848, 850 (Tex.Crim.App. 1981);

An abuse-of-discretion review requires more of the appellate court than simply deciding that the trial court did not rule arbitrarily or capriciously. The

*13 appellate court must instead measure the trial court's ruling against the relevant criteria by which the ruling was made. Montalvo v. State 315 S.W.3d 588, 59293 (Tex. App. - Houston [1 $^{st}$ Dist] 2010, no pet.);

When setting bail, a court is governed by the Constitution and by the following rules:

The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
The power to require bail is not to be so used as to make it an instrument of oppression.
The nature of the offense and the circumstances under which it was committed are to be considered.
The ability to make bail is to be regarded, and proof may be taken upon this point.
The future safety of a victim of the alleged offense and the community shall be considered.

Tex. Code Crim. Proc. Art. 17.15 (West, 2014). In addition to these rules, case law provides that courts may consider the following set of factors: (1) the defendant's work record; (2) the defendant's family and community ties; (3) the defendant's length of residency; (4) the defendant's prior criminal record; (5) the defendant's conformity with previous bond conditions; (6) the existence of other outstanding bonds, if any; (7) the aggravating circumstances alleged to have been involved in the charged offense; and (8) whether the defendant is a citizen of the United States. See Ex

*14 parte Rodriguez, 595 S.W.2d 549, 550 n. 2 (Tex. Crim. App. [Panel Op.] 1980); Ex parte Castellanos, 420 S.W.3d 878, 882 (Tex. App.-Houston [14th Dist.] 2014, no pet.); Ex parte Melartin, 2015 WL 1544805, (Tex App- Houston [14th Dist.] 2015).

Rather than giving reasonable assurance that the undertaking will be complied with, the bonds set by the court in this case are sufficiently high as to provide more than reasonable assurance that the Appellant will be unable to make bail. The trial court effectively used bail as an instrument of oppression, irrespective of whatever subjective intentions the court may have had.

Bail is excessive if it is incommensurate with the offense(s) charged; not consistent with precedent, and clearly beyond the financial means of the defendant. Bail is excessive if it effectively results in the denial of bail by the trial court. Therefore excessive bail that effectively results in a denial of bail equates to bail being set in an oppressive amount. The conclusion to be drawn given the foregoing, is that if bail is excessive, then it has been used as an instrument of oppression by the trial court. Ex parte Charlesworth, 600 S.W.2d 316, 317 (Tex.Crim.App. [Panel Op.] 1980); Ex parte Mathews, 151 Tex.Crim. 60, 204 S.W.2d 992 (1947)

The bonds set by the Court are incommensurate with the offenses charged and inconsistent with the bond schedule of the District Courts.

*15 (http://www.justex.net/BailBondSchedule.aspx ) Although there are enhancements that may be proven at trial of the offense, Appellant's firearm charge remains a third degree felony. The controlled substance charge is a state jail felony. Each arise from separate transactions. There are no aggravating factors in either case Furthermore, Appellant is nonetheless presumed to be innocent of the charges. An indictment is neither proof or evidence. Ex parte Newman, 38 Tex.Cr.R. 164, 41 S.W. 628 (1897).

Very few defendants in criminal cases have the the financial resources and collateral to post a $$ 300, 000.00$ bond. The majority of cases reviewed by appellate courts where bonds were set in amounts of six figures or even higher are typically murder cases, charges involving large quantities of controlled substances, or theft of an exceptionally high pecuniary value. The charges against Appellant are scarcely so egregious. The following cases are cited as examples:

Ex Parte Brown, 959 S.W.2d 369 (Tex. App.-Fort Worth 1998, no pet.) (Bail in capital murder case set at $$ 500, 000.00$ . Order denying relief affirmed.)

Ex parte McDonald, 852 S.W.2d 730 (Tex.App.-San Antonio 1993. no pet.) (Bail of $$ 1, 000, 000$ imposed on defendant charged with capital murder was excessive to extent it exceeded $$ 75, 000$ .)

Ludwig v. State . 812 S.W.2d 323 (Tex.Crim.App.1991). (Defendant brought habeas corpus action to reduce $$ 2, 000, 000$ bail set in capital murder prosecution. Bail reduced to $$ 50, 000.00$ .)

Golden v. State, 288 S.W.3d 516 (Tex.App-Houston [1st Dist.] 2009, pet

*16 ref'd) (Trial court reversed after setting bail at $$ 200, 000.00$ in each of defendant's two controlled substance cases.)

Ex parte Ruiz, 129 S.W.3d 751 (Tex. App. [Houston-1st Dist.] 2004, no pet.) (Bail set at 1,600,000.00 for possession of a controlled substance (400 grams) reduced to $$ 600, 000.00$ . )

Maldonado v. State , 999 S.W.2d 9, (Tex.App.-Houston [14th Dist.], 1999) (Bail of $$ 2, 500, 000$ in case involving large quantity of cocaine was not excessive. )

Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App.1981) (Bond of $$ 100, 000.00$ reduced to $$ 25, 000.00$ where the defendant was accused of possession and intent to deliver controlled substances.)

Ex parte Bogia, 56 S.W.3d 835 (Tex. App.-Houston 1st Dist] 2001, no pet.) (Bail of $$ 360, 000$ for second degree felony theft was excessive. )

The record of the Writ hearing reflects that the Appellant and his family lack the resources to make bail in the amount set by the Court. Appellant is a citizen, and a resident of Houston and Harris County, Texas. He was previously employed in the construction industry,, has sufficient ties to the community, does not posses a passport and is not a flight risk. (RR 7-9)

The State's argument consisted largely of hyperbole and speculation unsupported by any admitted evidence. The State did not discuss any of the facts or evidence regarding the Appellant's alleged offenses. No compelling evidence was offered by the State that Appellant is a flight risk or that there would be any effect on the safety of the community in the event the Appellant was released on lower bail. (RR 17-18)

*17

The traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning. Stack v. Boyle 342 U.S. 1, 4 (1951)

CONCLUSION AND PRAYER

Appellant prays that this Honorable Court will find that Appellant's bonds are excessive and issue an order to the trial court to reduce his bail to $10,000.00 in Writ No. 1473497 (Cause No. 1438931 and $5000.00 in Writ No. 1473498 (Cause No. 1455876)

Respectfully submitted, Is/ Clint Davidson Clint Davidson, Counsel for Appellant TBN: 24053172 3303 Main St., Suite 305 Houston, TX 77002 713-226-7727 clintdavidsonlawyer@gmail.com

*18

CERTIFICATE OF COMPLIANCE

The word processing application used to compose this brief reports its length as 2,024 excluding those parts of the document that are excepted from the calculation of length by TRAP 9.4(i)(1) /s/ Clint Davidson Clint Davidson

CERTIFICATE OF SERVICE

This brief was served on the Office of the District Attorney for Harris County, Texas by electronic mail to curry_allan@dao.hctx.net on September 8, 2015 /s/ Clint Davidson Clint Davidson

*19

APPENDIX

APPELLANT'S BRIEF CASE NO. 14-15-00619-CR CASE NO. 14-15-00620-CR

CLINT DAVIDSON,
COUNSEL FOR APPELLANT, LARRY FLORES
TBN: 24053172
3303 MAIN ST., STE 305
HOUSTON, TX 77002
713-226-7727
clintdavidsonlawyer@gmail.com

*20

THE STATE OF TEXAS VS. LARRY FLORES 2911 COCHRAN HOUSTON, TX 77009

SPN: 00740424 DOB: WM 01/14/67 DATE PREPARED: 10/6/2014

D.A. LOG NUMBER:2091852
CJIS TRACKING NO.:9170129428-A001
BY: MA DA NO: 002197675
AGENCY:HPD
O/R NO: 106501414
ARREST DATE: 08/23/14

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

The duly organized Grand Jury of Harris County, Texas, presents in the District Court of Harris County, Texas, that in Harris County, Texas, LARRY FLORES, hereafter styled the Defendant, heretofore on or about AUGUST 23, 2014, did then and there unlawfully, intentionally and knowingly possess a firearm at a location other than the premises at which the Defendant lived, after being convicted of the felony offense of POSSESSION OF A CONTROLLED SUBSTANCE in the District Court of the 337TH Judicial District, HARRIS County, Texas, in Cause Number 721424, on SEPTEMBER 17, 1996.

Before the commission of the offense alleged above, (hereafter styled the primary offense), on AUGUST 07, 1996, in Cause Number 8300, in the 155TH DISTRICT COURT of WALLER County, Texas, the Defendant was convicted of the felony of POSSESSION OF A CONTROLLED SUBSTANCE.

Before the commission of the primary offense, and after the conviction in Cause Number 8300 was final, the Defendant committed the felony of FELON IN POSSESSION OF A WEAPON and was finally convicted of that offense on JUNE 03, 2005, in Cause Number 1014327, in the 230TH DISTRICT COURT of HARRIS County, Texas.

Foreman 209th Carae lingoc AGAINST THE PEACE AND DIGNITY OF THE STATE.

*21

I, Chris Daniel, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office this September 4, 2015

Certified Document Number: 62745772 Total Pages: 1

Chris Daniel

Chris Daniel, DISTRICT CLERK HARRIS COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com

*22

THE STATE OF TEXAS VS.

LARRY FLORES 2911 COCHRAN HOUSTON, TX 77009

SPN: 00740424 DOB: WM 01/14/67 DATE PREPARED: 3/6/2015

RELATED CASES: FELONY CHARGE: Possession of a Controlled Substance CAUSE NO: 1455876 HARRIS COUNTY DISTRICT COURT NO: 337 FIRST SETTING DATE:

D.A. LOG NUMBER:2132627 CJIS TRACKING NO.:9170547823-A001 BY: MA DA NO: 001909356 AGENCY:HPD O/R NO: 011201815 ARREST DATE: 01/27/15

BAIL: SNO BOND PRIOR CAUSE NO:

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

The duly organized Grand Jury of Harris County, Texas, presents in the District Court of Harris County, Texas, that in Harris County, Texas, LARRY FLORES, hereafter styled the Defendant, heretofore on or about JANUARY 27, 2015, did then and there unlawfully, intentionally and knowingly possess a controlled substance, namely, COCAINE, weighing less than one gram by aggregate weight, including any adulterants and dilutants.

F I L E D
Chris Daniel District Clerk

MAR 092015 Time: $12 : 30$ Harts County, Texas By Deputy

ADAINST THE PEACE AND DIGNITY OF THE STATE.

FOREMAN OF THE GRAND JURY

*23

Certified Document Number: 64551653 Total Pages: 1

Chris Daniel

Chris Daniel, DISTRICT CLERK HARRIS COUNTY, TEXAS

*24 HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 00740424)

Cause: 143893101010 CDU: 3 Court: 337

SETTINGS

*25 | 7/20/2015
09:00 AM | 337 | Impact
Court
Docket | Jury Trial | Reset By
Court | Data Not
Entered | 9/14/2015
12:00:00
AM | Present | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | 9/14/2015
09:00 AM | 337 | Impact
Court
Docket | Jury Trial | | Data Not Entered | 1/1/0001
12:00:00
AM | Absent |

*26

HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 00740424)

Cause: 143893101010 CDI: 3 Court: 337

ACTIVITIES

| Date | Type | Description | SNU/CFI | | :--: | :--: | :--: | :--: | | 08/23/2014 | COMPLAINT FILED | 1000337 FELON POSS WPN LEVEL F3 | | | 08/23/2014 | BOND SET | $0 | 999 | | 08/23/2014 | REVIEWED BY | BYROM, CELESTE ELIZABETH | | | 08/23/2014 | ORI | HOUSTON POLICE DEPAR OFFENSE NO: 106501414 | | | 08/23/2014 | COMPLAINANT | KIM, TH | | | 01/29/2015 | ACI/REV/B | TIME 1137 AMOUNT $0 | 996 | | 01/29/2015 | | ACKNOWLEDGED BY SHERIFF | | | 02/02/2015 | SERVICE ACTIVITY | BY PLACING DEF IN JAIL ON 01/29/15 | | | 02/02/2015 | | RECEIPTED BY CLERK | | | 01/29/2015 | ACI/REV/B | TIME 1137 AMOUNT $0 | 997 | | 01/29/2015 | | ACKNOWLEDGED BY SHERIFF | | | 02/02/2015 | SERVICE ACTIVITY | BY PLACING DEF IN JAIL ON 01/29/15 | | | 02/02/2015 | | RECEIPTED BY CLERK | | | 01/16/2015 | C87AI | TIME 1233 AMOUNT $0 | 998 | | 01/16/2015 | | ACKNOWLEDGED BY SHERIFF | | | 01/23/2015 | SERVICE ACTIVITY | BY PLACING DEF IN JAIL ON 01/16/15 | | | 01/23/2015 | | RECEIPTED BY CLERK | | | 08/23/2014 | CMIF | TIME 2319 AMOUNT $0 | 999 | | 08/23/2014 | | NOT ACKNOWLEDGED BY SHERIFF | | | 09/26/2014 | BOND FILED | CRT 337 TIME 0619 TYPE SURETY | | | 09/26/2014 | BOND MADE | AMT $100000 DATE 09/25/14 RCPT # | | | 09/26/2014 | BONDSMAN | AC&;CC-COX, MICHAEL | | | 10/13/2014 | GRAND JURY ACTION | FID 10/13/14 G209 | 999 | | 10/13/2014 | GRAND JURY ACTION | ROTATION CRT 337 OFF FREQ BND $100000 | | | 10/13/2014 | GRAND JURY ACTION | OFFENSE FELON POSS WPN LEVEL F3 | | | 10/13/2014 | ORI | HOUSTON POLICE DEPAR OFFENSE NO: 106501414 | | | 08/25/2014 | ATTORNEY | MCCOY, KENNETH EUGENE | 999 | | 08/25/2014 | ATTORNEY | AAT COURT 337 CFI 337 | | | 08/25/2014 | JUDGE | MAGEE, HOLLY RENEE PRESIDING | | | 04/08/2015 | C87 ACTIVITY | BOND RSD STATUS J CFI 337 | 991 | | 04/08/2015 | C87 ACTIVITY | BOND RSD STATUS J CFI 337 | 992 | | 04/08/2015 | C87 ACTIVITY | BOND RSD STATUS J CFI 337 | 993 | | 04/08/2015 | C87 ACTIVITY | BOND SET STATUS J CFI 337 | 994 | | 01/29/2015 | C87 ACTIVITY | BOND REV STATUS CFI 337 | 995 |

*27 | 01/20/2015 | C87 ACTIVITY | BOND REIN STATUS B CFI 337 | 996 | | :--: | :--: | :--: | :--: | | 01/16/2015 | C87 ACTIVITY | BOND REV STATUS CFI 337 | 997 | | 09/24/2014 | C87 ACTIVITY | BOND SET STATUS J CFI 337 | 998 | | 09/24/2014 | BAIL OPTIONS | JUDGE MAGEE SET BOND AT 100K | | | 08/23/2014 | C87 ACTIVITY | PCWAR DONE STATUS CFI 337 | 999 | | 07/20/2015 | MOTIONS | CRT REP FULL RECOR | 981 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/20/2015 | MOTIONS | ALLEG GAN AFFIL | 982 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/20/2015 | MOTIONS | LIMINE | 983 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/20/2015 | MOTIONS | PREV ST NON JURISD | 984 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/20/2015 | MOTIONS | ARRG DF OUT JRY PRES | 985 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/17/2015 | MOTIONS | CONTINUANCE | 986 | | 07/17/2015 | MOTIONS | FILED CFI 337 | | | 07/09/2015 | MOTIONS | CRT OFFICIAL REPT | 987 | | 07/09/2015 | MOTIONS | FILED CFI 337 | | | 07/10/2015 | MOTIONS | SUPPRESS EVID STMTS | 988 | | 07/10/2015 | MOTIONS | FILED CFI 337 | | | 07/09/2015 | MOTIONS | CUMULATE SENTENCE | 989 | | 07/09/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | ST. M. IN LIMINE | 990 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE XTRN OFF | 991 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE BUSI REC | 992 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | M. TO DISCLOSE EXPER | 993 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE EXP TST | 994 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE GRAP MAT | 995 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 04/06/2015 | MOTIONS | HABEAS CORPUS BAIL | 996 | | 04/06/2015 | MOTIONS | FILED CFI 337 | | | 03/31/2015 | MOTIONS | SUB ATTY: C DAVIDSON | 997 | | 03/31/2015 | MOTIONS | FILED CFI 337 | | | 08/25/2014 | MOTIONS | DENIAL OF BAIL | 998 | | 08/25/2014 | MOTIONS | FILED CFI 337 | |

*28 | 08/23/2014 | MOTIONS | REQ APPT ATTY | 999 | | :--: | :--: | :--: | :--: | | 08/23/2014 | MOTIONS | FILED CFI 337 | | | 07/09/2015 | ORDER | DENIED BOND ON WRIT HEARING | 993 | | 07/09/2015 | OFFENSE | FELON POSS WPN LEVEL F3 | | | 04/08/2015 | ORDER | GRNT WRIT HC BND $200,000 | 994 | | 04/08/2015 | OFFENSE | FELON POSS WPN LEVEL F3 | | | 04/08/2015 | ORDER | DISCOVERY | 995 | | 04/08/2015 | OFFENSE | FELON POSS WPN LEVEL F3 | | | 03/31/2015 | ORDER | GRTD SUB ATTY: C DAVIDSON | 996 | | 03/31/2015 | OFFENSE | FELON POSS WPN LEVEL F3 | | | 01/29/2015 | ORDER | BND COND VIOL RPRT GRNTD | 997 | | 01/29/2015 | OFFENSE | FELON POSS WPN LEVEL F3 | | | 12/15/2014 | ORDER | ATTORNEY FEE VOUCHER | 998 | | 12/15/2014 | ORDER | ATTY FEE AMT $375.00 | 998 | | 12/15/2014 | OFFENSE | FELON POSS WPN LEVEL F3 | | | 10/20/2014 | ORDER | CSCD PRETRIAL SUPV | 999 | | 10/20/2014 | OFFENSE | FELON POSS WPN LEVEL F3 | |

*29 HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 9/4/2015 00740424)

Cause: 145587601010 CDI: 3 Court: 337

SETTINGS

*30

HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 00740424)

Cause: 145587601010 CDI: 3 Court: 337

ACTIVITIES

| Date | Type | Description | SNU/CFI | | :--: | :--: | :--: | :--: | | 01/27/2015 | COMPLAINT FILED | 1630337 POSS CS PG 11 - 4 GRA LEVEL F3 | | | 01/27/2015 | BOND SET | $0 | 999 | | 01/27/2015 | REVIEWED BY | BROWN, ROBYN ASHLEY | | | 01/27/2015 | ORI | HOUSTON POLICE DEPAR OFFENSE NO: 011201815 | | | 01/27/2015 | COMPLAINANT | GARCIA-CHAVEZ, O E | | | 01/28/2015 | CMIF | TIME 0740 AMOUNT $0 | 999 | | 01/28/2015 | | NOT ACKNOWLEDGED BY SHERIFF | | | 03/09/2015 | GRAND JURY ACTION | FID 03/09/15 G262 | 999 | | 03/09/2015 | GRAND JURY ACTION | ROTATION CRT 337 OFF FREQ BND $0 | | | 03/09/2015 | GRAND JURY ACTION | OFFENSE POSS CS PG $1 & l t; 1 G$ LEVEL FS | | | 03/09/2015 | ORI | HOUSTON POLICE DEPAR OFFENSE NO: 011201815 | | | 04/08/2015 | C87 ACTIVITY | BOND SET STATUS J CFI 337 | 998 | | 01/28/2015 | C87 ACTIVITY | PCWAR DONE STATUS CFI 337 | 999 | | 07/20/2015 | MOTIONS | CRT REP FULL RECORD | 983 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/20/2015 | MOTIONS | ALLEG GANG AFFIL | 984 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/20/2015 | MOTIONS | LIMINE | 985 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/20/2015 | MOTIONS | ARG DF OUT JRY PRES | 986 | | 07/20/2015 | MOTIONS | FILED CFI 337 | | | 07/17/2015 | MOTIONS | CONTINUANCE | 987 | | 07/17/2015 | MOTIONS | FILED CFI 337 | | | 07/09/2015 | MOTIONS | CRT OFFICIAL REPT | 988 | | 07/09/2015 | MOTIONS | FILED CFI 337 | | | 07/10/2015 | MOTIONS | SUPPRESS EVID STMTS | 989 | | 07/10/2015 | MOTIONS | FILED CFI 337 | | | 07/09/2015 | MOTIONS | CUMULATE SENTENCE | 990 | | 07/09/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | ST. M. IN LIMINE | 991 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE XTRN OFF | 992 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE BUSI REC | 993 |

*31 | 05/28/2015 | MOTIONS | FILED CFI 337 | | | :--: | :--: | :--: | :--: | | 05/28/2015 | MOTIONS | M. TO DISCL EXPERTS | 994 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE EXP TST | 995 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 05/28/2015 | MOTIONS | NTC INT USE GRAP MAT | 996 | | 05/28/2015 | MOTIONS | FILED CFI 337 | | | 04/06/2015 | MOTIONS | SET ASD ORDR/SET BND | 997 | | 04/06/2015 | MOTIONS | FILED CFI 337 | | | 03/31/2015 | MOTIONS | SUB ATTY: C DAVIDSON | 998 | | 03/31/2015 | MOTIONS | FILED CFI 337 | | | 01/29/2015 | MOTIONS | DENIAL BAIL | 999 | | 01/29/2015 | MOTIONS | FILED CFI 337 | | | 07/09/2015 | ORDER | DENIED BOND ON WRIT HEARING | 995 | | 07/09/2015 | OFFENSE | POSS CS PG 1 <1G LEVEL FS | | | 04/08/2015 | ORDER | GRNT WRIT HC BND $100,000 | 996 | | 04/08/2015 | OFFENSE | POSS CS PG 1 <1G LEVEL FS | | | 04/08/2015 | ORDER | DISCOVERY | 997 | | 04/08/2015 | OFFENSE | POSS CS PG 1 <1G LEVEL FS | | | 03/31/2015 | ORDER | GRTD SUB ATTY: C DAVIDSON | 998 | | 03/31/2015 | OFFENSE | POSS CS PG 1 <1G LEVEL FS | | | 01/29/2015 | ORDER | GRNT DENIAL BAIL | 999 | | 01/29/2015 | OFFENSE | POSS CS PG 1 1 - 4 GRAMS LEVEL F3 | | | 03/09/2015 | PRECEPT/SERVE IND DATE RETURNED 04/28/15 | HOW EXECUTED E | | | | DATE SERVED | 04/18/15 | |

*32

District Court Bail Schedule

| | Bail | | :-- | :--: | | All capital felonies | No Bond | | All murders not particularly specified below | $$ 50, 000.00$ | | All first degree felonies not particularly specified below | $$ 20, 000.00$ | | All second degree felonies not particularly specified below | $$ 10, 000.00$ | | All felony DWI's not particularly specified below | $$ 10, 000.00$ | | All third degree felonies not particularly specified below | $$ 5, 000.00$ | | All fourth degree felonies not particularly specified below | $$ 2, 000.00$ |

NOTES

1 Texas Penal Code § 46.04; West 2014.

Read the detailed case summary

INDEX OF AUTHORITIES

CASES

NOTE TO THE APPENDIX OF THIS BRIEF

STATEMENT OF THE CASE

APPELLANT'S POINTS OF ERROR

STATEMENT OF FACTS

SUMMARY OF THE ARGUMENT

ARGUMENT

CONCLUSION AND PRAYER

CERTIFICATE OF COMPLIANCE

CERTIFICATE OF SERVICE

APPENDIX

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

Chris Daniel

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

F I L E D Chris Daniel District Clerk

Chris Daniel

ACTIVITIES

ACTIVITIES

District Court Bail Schedule

NOTES

F I L E D
Chris Daniel District Clerk