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549 S.W.2d 6

Ex parte Kerr

Court of Criminal Appeals of Texas · decided 1977-04-06

Cited by 5 later decisions — most recently January 1988

5 state decisions

Relies on Ex Parte Sierra · Ex Parte Runo

Good law ✅— No negative treatment on recordhow we know

Decided 1977-04-06

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¶1OPINION

DOUGLAS, Judge.

¶2These are appeals from orders in a habeas corpus proceeding seeking the reduction of bail after indictment but before trial. Both were charged with aggravated assault upon a peace officer. Both were, and still are, on parole from the Texas Department of Corrections.

¶3The father of the appellants testified that they could not make bail in the amount of $100,000 which had been assessed by the court but that each could make bail in the amount of $10,000.

¶4The evidence does not show the circumstances surrounding the crime and there are no mitigating circumstances shown.

¶5The testimony about their ability to make bail is not the sole criterion in setting bail. Ex parte Runo, 535 S.W.2d 188 (Tex.Cr.App.1976); Ex parte Sierra, 514 S.W.2d 760 (Tex.Cr.App.1974).

¶6We hold that under the circumstances of these cases the bail is excessive and it is hereby reduced and is set in the sum of $20,000 each.

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