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Law Quiz for today - Mandate in hand

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October 06, 2003, 22:44
Stephen Hughes
Law Quiz for today - Mandate in hand
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.