July 26, 2004, 13:27
Martha W. WarnerJuvenile Appeal
Appeal from a determinate sentence in agg sex assault of 10 years 1 day. Child is requesting a PR bond from the Appellate Ct. What can we do to let the Ct know we don't want this kid back in the community while the appeal is pending????I had hoped that the 10 years and 1 day would prevent a bond pending appeal.
July 26, 2004, 13:55
Robert S. DuBoiseTake a look at 56.01(g) of Family Code which states that perfecting an appeal does not suspend the order of the juvenile court or release the child from the custodyof that court or of the person, institution, or agency to whose care the child is committed. It however does allow for the APPELLATE court to set bond.
Dawson talks about it at p 332 of 5th Edition of Texas Juvenile Law. He sets out several cases where the appellate court has directed the juvenile court to conduct an evidentiary hearing and produce a report to assist the appellate court in making their decision.
I think what is clear is that the Family Code is going to control over any of the appeal bond provisions in the Code of Crim. Proc.
July 27, 2004, 18:07
Martha W. WarnerRobert Thanks a million. That is just the info I needed.