MARCUS ALLEN DELANEY APPELLANT v. THE STATE OF TEXAS APPELLEE (2017)

ORDER

Appellant, Marcus Allen Delaney, was convicted by a jury of the offense of evading arrest or detention,¹ sentenced to two years confinement in the State Jail Division of the Texas Department of Criminal Justice, and assessed a fine of $500. Pending before this court is Appellant's Motion for Expedited Consideration or in the Alternative for Release on Personal Recognizance. We deny the relief requested.

Appellant requests this court to exercise its authority, pursuant to Rule 2 of the Texas Rules of Appellate Procedure, to expedite the disposition of his case in accordance with the rules pertaining to accelerated and permissive appeals. See TEX. R. APP. P. 28. He posits that should this court deny him this requested relief it is likely that he will have served his entire sentence before his appeal is finalized. While we are not unsympathetic to his concerns, we decline his request.

Alternatively, Appellant requests that this court order that he be released on personal recognizance pending disposition of his appeal. Subject to restrictions not applicable in this case, pending the appeal from a felony conviction in which the sentence imposed is equal to or less than ten years, a defendant may be released on reasonable bail. See TEX. CODE CRIM. PROC. ANN. art. 44.04(b) (West Supp. 2016). The amount of bail to be given in order to obtain release pending appeal to an intermediate appellate court “shall be fixed by the court in which the judgment or order appealed from was rendered.” See id. at art. 44.12 (West 2006). Furthermore, “[a]ny bail entered into after conviction and the sureties on the bail must be approved by the court where trial was had.” Id. at art. 44.04(e) (West Supp. 2016). Additionally, the sufficiency of the security (whether monetary or personal recognizance) shall be tested “as in other cases regarding bail.” Id. at art. 44.12 (West 2006).

Accordingly, all relief requested by Appellant's motion is denied.

FOOTNOTES

1.   TEX. PENAL CODE ANN. § 38.04 (West Supp. 2016).

Per Curiam