TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Law Quiz for today - Mandate in hand
Go
New
Find
Notify
Tools
Reply
  
Law Quiz for today - Mandate in hand Login/Join 
Member
posted
Answer provided: If a defendant is free on an appeal bond, what mechanism is used to incarcerate him after his conviction is affirmed and the mandate issues?

The clerk of the trial court should issue a capias for the defendant's arrest. See Tex.R.App.Pro. 51.2; C.C.P. Art. 42.09, � 2; Ex parte Dunn, 976 S.W.2d 208 (Tex. Crim. App. 1998).

Second part not provided: I like to file a motion with the court - "Motion to Execute Mandate" and request that the court set a hearing and notify the bondsman, defendant and counsel. Why should we have to run the defendant to ground? Make him come to us if we haven't caught him earlier. If he doesn't show up for the hearing it is a win/win for the State. We get a bond forfeiture and a Felony Failure to Appear (Repeat Offender) - we have a mandate in hand for the prior - second degree felony. Two to 20 years stacked if the judge doesn't like his style.
 
Posts: 78 | Location: Belton, Texas | Registered: May 01, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Law Quiz for today - Mandate in hand

© TDCAA, 2001. All Rights Reserved.