Defendant was convicted of multiple non-stacked SJ-felony counts and sentenced to the 24 month maximum....Notice of appeal was timely filed, but no appeal bond was posted...Defendant has now been in custody for approximately 2 months and just requested an appeal bond from the trial court.... I read CCP 44.16 to indicate that a defendant has only 10 days to post an appeal bond...Am I completely off base here? If so, is there any deadline for giving an appeal bond?

Never noticed 44.16 before. I like the argument.

But 44.16 works from the point of view of a defendant who is NOT in custody.

You need to have a hearing and offer evidence that shows why bond should not be set (e.g., defendant is likely to commit new crimes, given his history).

In the future, you should make sure that the defendant is promptly transferred to prison/state jail. Then the bail issue is moot.

Mr. Bradley,

I believe our defendant is in SJ now, but I am dense...Why does that matter in my case?

Yeah, but he only got 2 years, so he doesn't go to State Jail until the appeal is final or if he requests to go. Tex. Code Crim. Proc. Ann. art. 42.09, Sec. 4. It does not appear to me that 42.09 has been updated to reflect the addition of State Jail sentences in 1994. Seems like it ought to be amended to require defendant's sentenced to pen time to be transferred to the pen while their appeals are pending. There were some cases out of Dallas where State Jail inmates with pending appeals ended up serving time beyond their sentences due to inaccuracies in 42.09.