May 19, 2010, 11:57
Gordon LeMaireOut on Appeal bond
I have a defendant who plead guilty after a motion to suppress. Sentence was 7 years. Notified the court that he wished to appeal, but has not done anything. No paperwork filed for the appeal. What should I do to get him back before the court?
May 19, 2010, 12:19
John A. StrideIf he has not filed a MNT and or NOA within 30 days, is free, and will not surrender himself voluntarily, how about preparing and filing a motion to revoke appeal bond and execute sentence? A capias pro fine under art. 45.045 would seem to be available to terminate his freedom.
May 19, 2010, 13:02
Gordon LeMaireThanks, I should have known that without asking.
Judge shouldn't have released on bond until a MNT or notice of appeal was filed.