Ex parte Dueitt, 51234
| Decision Date | 12 November 1975 |
| Docket Number | No. 51234,51234 |
| Citation | 529 S.W.2d 531 |
| Parties | Ex parte Oscar Derwood DUEITT. |
| Court | Texas Court of Criminal Appeals |
Dan B. Gerson, Houston, for appellant.
Carol S. Vance, Dist. Atty., James C. Brough, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
This is an appeal from a habeas corpus action instituted by petitioner in the 174th District Court of Harris County for the purpose of obtaining a bail reduction. The record reveals that petitioner was arrested and charged with two illegal sales of heroin. Harris County Justice of the Peace Laurence Wayne originally reduced petitioner's bail from $20,000 to $2,500 in cause number 232,679 and from $40,000 to $7,500 in cause number 232,678. After his release on bail totaling $10,000 petitioner was indicted and the district court reset his bail at the original figures totaling $60,000. Petitioner has been unable to secure his release on the $60,000 bail.
Consideration of this question is guided by Art. 17.15, V.A.C.C.P., which makes it clear that the question of bail is a matter within the trial court's sound discretion. Art. 17.15 specifies the following guidelines for fixing the amount of bail.
Petitioner is 23 years old, married, and the father of a three year old daughter. He stands indicted for two offenses of delivery of a controlled substance, to-wit: hereoin. Punishment for either offense is confinement in the penitentiary for life or any period not less than five (5) nor more than ninety-nine (99) years. The record does not contain any of the circumstances of the two alleged offenses. It does reveal, however, that petitioner has lived his entire life in Harris County and has never before been convicted of a felony. Petitioner's employer testified that he could have his job back if he won release on bail. No witness expressed the slightest worry that petitioner might skip bail.
Although not controlling, the accused's ability or inability to make bail is also relevant. Ex parte Redline, Tex.Cr.App., 529 S.W.2d 68 (delivered October 22, 1975). The record is not well developed in this respect but it is clear that the court reduced petitioner's bail from $60,000 to $40,000 at the conclusion of the habeas corpus hearing. Although there has been no showing of an effort on petitioner's part to make the reduced bail, see Roberts v. State, 467 S.W.2d 475 (Tex.Cr.App.1971), we will not require him to do a 'useless thing.' Ex parte Skinner, 496 S.W.2d 633 (Tex.Cr.App.1973). The record contains evidence suggesting that the funds of petitioner and his family were exhausted in obtaining his release on the original $10,000 bail. Although it is...
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Ex Parte Bell, No. 03-09-00037-CR (Tex. App. 5/12/2009), 03-09-00037-CR.
...a financial inability to procure a surety bond, the court will not require him `to do a useless thing.'") (quoting Ex parte Dueitt, 529 S.W.2d 531, 532 (Tex. Crim. App. 1975)). In this case, when asked how much money he had available to pay on bond, Bell testified, "Approximately 2,000." On......
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Bail and Bond Issues
...of a grand jury recommending the amount of bail is not supported in the statutes and is not a commendable practice. Ex parte Dueitt, 529 S.W.2d 531 (Tex. Crim. App. 1975). A defendant whose adjudication of guilt has been deferred is entitled to bail pending an adjudication hearing. Gutierre......
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Bail and bond issues
...of a grand jury recommending the amount of bail is not supported in the statutes and is not a commendable practice. Ex parte Dueitt, 529 S.W.2d 531 (Tex. Crim. App. 1975). A defendant whose adjudication of guilt has been deferred is entitled to bail pending an adjudication hearing. Gutierre......
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Bail and Bond Issues
...of a grand jury recommending the amount of bail is not supported in the statutes and is not a commendable practice. Ex parte Dueitt, 529 S.W.2d 531 (Tex. Crim. App. 1975). A defendant whose adjudication of guilt has been deferred is entitled to bail pending an adjudication hearing. Gutierre......
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Bail and Bond Issues
...of a grand jury recommending the amount of bail is not supported in the statutes and is not a commendable practice. Ex parte Dueitt, 529 S.W.2d 531 (Tex. Crim. App. 1975). A defendant whose adjudication of guilt has been deferred is entitled to bail pending an adjudication hearing. Gutierre......