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We have a defendant, convicted of indecency by contact and indecency by exposure.
Jury gives probation.
Judge gave defendant 180 days as a condition of probation.
Defendant waited 25 days to file notice of appeal.
Defendant is in the county jail right now.

So here are our concerns:
1. Notice of appeal suspends probation, right? So, does that also suspend the 180 days?

2. Can the Trial Court require an appellate bond? If so, under what grounds? Because the defendant was convicted of a 3g and doesn't qualify for an appellate bond.
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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Case law says the 3g disqualification for appeal bond doesn't apply to probation. Yes, notice of appeal does suspend any execution of the probation, including time to be served as a condition. And, yes, judge can require and impose an appeal bond. It could even look an awful lot like the conditions of probation, except no punishment (e.g., time to serve in jail as a condition).

There are several threads on this Forum that cover this subject if you want additional details.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Thanks John.
I've looked through the threads and am now putting together some case law.
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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