II v. The State of Texas, Appellee (2025)

ORDER

Appellant Israel Ballester was convicted of two counts of aggravated assault with a deadly weapon in Cause Nos. CR27,619 and CR27,620 in the 20th Judicial District Court of Milam County and sentenced to fifteen years' imprisonment. See Tex. Penal Code §§ 12.33, 22.02. This Court reversed Ballester's convictions and remanded these causes for a new trial. See Ballester v. State, Nos. 03-23-00456-CR & 03-23-00457-CR, 2025 WL 2471787, at *11 (Tex. App.—Austin Aug. 28, 2025, pet. filed) (mem. op., not designated for publication). Ballester filed a motion requesting reasonable bail pending final determination of his appeals. 1 See Tex. Code Crim. Proc. art. 44.04(h). After we remanded these causes for fact findings and a recommendation as to the bail amount, the trial court convened an evidentiary hearing and signed an order determining that an appropriate bail amount for each count is $50,000. 2

We grant Ballester's motion, accept the trial court's recommendation as to the bail amounts, and hereby set bail at $50,000 for each count in these causes. The trial court is ordered to release Ballester from confinement assessed in these causes upon the posting of bail. Any sureties on bail must be approved by the trial court.

It is ordered on November 4, 2025.

FOOTNOTES

1.   A defendant is entitled to be released “on reasonable bail, regardless of the length of the term of imprisonment, pending final determination of an appeal” when his conviction is reversed by a decision of the court of appeals. See Tex. Code Crim. Proc. art. 44.04(h). Because Ballester filed his motion to set bail before the State filed its petition for discretionary review in these causes, we must determine the amount of bail. See id. (“If the defendant requests bail before a petition for discretionary review has been filed, the Court of Appeals shall determine the amount of bail.”).

2.   The trial court also recommended an ankle monitor, but we decline imposition of that requirement and additional expense given the evidence presented at the hearing.

PER CURIAM