Notice of appeal filed timely; appeal bond application not filed until after admission to ID and appeal bond approved by court after convict admitted to ID. My judge claims that in no event shall defendant be permitted release from ID on an appeal bond and refuses to issue bench warrant. I can't find that statute and the judge can't find it again. Help?

Check out CCP, art. 42.09, sec. 4: "Upon valid transfer to the institutional division under this section, the defendant may not thereafter be released on bail pending appeal."

Now my judge is happy to know he didn't just dream this up and I get to deal with the habeas issue regarding this defendant being transported to ID the day before his bond hearing

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Check out CCP, art. 42.09, sec. 4: "Upon valid transfer to the institutional division under this section, the defendant may not thereafter be released on bail pending appeal."

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Does this also apply to the state jail division? We have one on appeal (it will be an Anders brief in all likelihood since he went open to the court), and his wife is driving us nuts. The judge set an appeal bond, but the family didn't get it posted before he left on the chain. His lawyer got the bond set in a timely manner and followed all the appellate rules properly. I think it's too late for this guy. He has half his sentence served already.

Any thoughts?