Here's my issue:

I tried a defendant for indecency with a child about 8 or 9 mos. ago. Jury found defendant guilty and gave him 5 years and then suspended the sentence.

Defendant appealed but did not post an appeal bond and began reporting to probation and attempting to comply with terms of probation.

NOW, while the appeal is still in process, the defendant has committed a new Agg. Sexual Assault of a Child in another county.

Questions:

1) Can he be revoked?
2) Does it make any difference that he didn't post an appeal bond?
3) Can he now post an appeal bond even though his appeal is well under way?
4) Could the judge grant an appeal bond with conditions now?

I know the CCA ruled a couple of years ago that you could get an appeal bond on 3(g) offenses where the jury recommended a suspended sentence. Does that matter in my situation?

Any thoughts?

Ok, so he is alleged to have committed a new sexual offense in another county? Where are the prosecutors in that county? The case should be immediately shored up and a warrant of arrest issued. Show up at the bond hearing, bring your detective/officer - heresay is allowed at a bond hearing. Bring the victim if you must, especially if there is a pattern. He may be appealing his first conviction, but I cannot think of any Judge, even the easy ones I know, that would let a guy like that out on a low bond, he's proven he is a danger to the community.

Appeals from judgments in which the Defendant gets probation are a royal pain in the patoot for exactly the reasons you have encountered with this scumbag. They are not on probation until their conviction is affirmed and the mandate has issued. Therefore, the answer to your questions 1 and 2 are NO. It seems to me that art. 44.04(d) would permit the imposition of a bond and bond conditions given hios behavior since.

NOTE: The Defendant is subject to Sex Offender Registration Requirements while his appeal is pending. You might check to see if he has complied with those.

Beck,
He evidently made a pretty stout bond right after his initial arrest in the other county. Don't know if anyone picked up on the fact that he had only recently been convicted of a similar crime in our jurisdiction. I'll certainly be making their prosecutors aware of our case in the hope they will prioritize their case.

Pete,
I'll be checking on the registration question. Thanks.

You won't find the answers in the Code of Criminal Procedure. This is one of those areas that is covered by case law. Check out the chapters on Adjudication/Revocation and Interrupted Plea in The Perfect Plea.

Once notice of appeal is filed, the judgment is suspended. It does not become active again until mandate is issued on the appeal. You could revoke for any acts taken before the notice of appeal was given, but the finality of that revocation would depend on the success of the appeal from the original placement on probation.

The appeal bond is a separate issue. The judgment is suspended regardless whether an appeal bond is posted. Kind of stupid, but that's how the case law reads.

Of course, the appeal bond can sound an awful lot like the conditions of supervision. And, if those are violated, you could revoke the bond. Interesting, and, yet, not so interesting.

Talk to the other Prosecutor. A motion to increase the bond is certainly forseeable, but you can't use hearsay in that bond hearing. Did he register as a sex offender? If not, he commits a felony while on felony bond and you could make a motion for no bond, served within seven days of his arrest for the new felony? Might be worth a check. Good luck to you.

Have you held a hearing to hold the d bond insufficient in your case? While on bond to your judge he has apparently committed a new ofense. At a minimum he was out-of-county and having contact with children. The judge may impose terms and conditions of bond in your case which mirror the eventual terms and conditions of probation. You have a predator on your hands. Professor Wigmore's "Docrine of Chances" tells us he is guilty of both cases. When defendants are out committing new crimes while on permissive or lax appeal bonds people find themselves unelected. If you haven't yet, I would file a motion to hold the d bond insuficient and add the exact conditions you want for his probation to protect the interests of the community.