Ex parte Walker

Decision Date28 April 2022
Docket Number01-21-00665-CR,01-21-00664-CR,01-21-00663-CR
PartiesEX PARTE DONTE JAYSON WALKER, Appellant
CourtTexas Court of Appeals

Do not publish. Tex.R.App.P. 47.2(b).

Panel consists of Chief Justice Radack and Justices Countiss and Farris.

MEMORANDUM OPINION
JULIE COUNTISS JUSTICE

Appellant Donte Jayson Walker, challenges the trial court's orders in three separate trial court cases[1] denying his pretrial applications for writ of habeas corpus.[2]In his sole issue appellant contends that the trial court erred in denying him habeas relief.

We affirm.

Background

Appellant is charged with the felony offenses of compelling prostitution by a minor, [3] assault of a family member [4] and trafficking of a child.[5]

Compelling Prostitution by a Minor

Appellant was arrested in December 2020 for the felony offense of compelling prostitution by a minor. A Harris County Grand Jury issued a true bill of indictment, alleging that appellant, on or about December 14, 2020, "unlawfully[] and knowingly cause[d] by any means, J.B.," the complainant, "a person younger than eighteen years of age, to commit prostitution."[6] The trial court set appellant's bail at $40, 000. Appellant posted bond and was released from custody. The trial court placed appellant on pretrial community supervision and imposed conditions[7] on appellant's release on bond including:

Appellant "shall personally appear in court, on time, every time th[e] case is set on the [trial] [c]ourt[']s docket";
Appellant "shall commit no crime and shall not engage in any conduct that could result in his[] arrest";
Appellant "shall have no contact with" the complainant or members of the complainant's household;
Appellant "shall refrain from going to or within 300 feet of" the complainant's home and school;
Appellant "must not use, possess, or consume marijuana or any controlled substance or dangerous drug unless obtained pursuant to a lawful prescription for [appellant] issued by a medical doctor. [Appellant] will provide a copy of all such prescriptions to his supervising officer in advance";
Appellant "must not use, possess, or consume alcohol";
Appellant shall "submit to . . . electronic monitoring" and "observe an initial curfew";
Appellant shall not have "firearms, ammunition or any other weapons"; and
Appellant shall not have "contact [with] minor children under [seventeen years old]," shall not "go within 1000 f[eet] of where children gather," and shall not "supervise or participate in any activities [with] minors under [seventeen] years of age."

The trial court also restricted appellant's internet usage.

Appellant signed the trial court's Order for Pretrial Supervision and Bond Conditions, which informed appellant that the "[f]ailure to abide by the[] bond conditions [could] result in [appellant's] bond being forfeited or revoked and [appellant being] arrested and confined" pending trial. By signing the Order for Pretrial Supervision and Bond Conditions, appellant acknowledged that he "underst[ood] that the [trial] court [was] ordering [his] compliance with the [bond] conditions . . . as a requirement of [his] . . . release on bond." Appellant "agree[d] to the[] [bond] conditions" and represented that he "underst[ood] that [his] failure to comply with the[] [bond] conditions [could] result in the forfeiture or revocation of [his] bond and confinement."

Later, the State filed a Motion to Revoke Defendant's Bond, requesting that the trial court revoke appellant's bond because on July 12, 2021, while "on bond [for the felony offense of] . . . [c]ompelling [p]rostitution" by a minor, appellant "was arrested for and charged with carrying a handgun in a motor vehicle."[8]

Assault of a Family Member

Appellant was arrested in December 2020 for the felony offense of assault of a family member. A Harris County Grand Jury issued a true bill of indictment, alleging that appellant, on or about December 14, 2020, "unlawfully, intentionally and knowingly cause[d] bodily injury to [the complainant], a member of [appellant's] household, by impeding the normal breathing and circulation of the blood of the [c]omplainant by applying pressure to the [c]omplainant's throat and neck."[9]

The trial court set appellant's bail at $15, 000. Appellant posted bond and was released from custody. The trial court placed appellant on pretrial community supervision and imposed conditions[10] on appellant's release on bond, including:

Appellant "shall personally appear in court, on time, every time th[e] case is set on the [trial] [c]ourt[']s docket";
Appellant "shall commit no crime and shall not engage in any conduct that could result in his[] arrest";
Appellant "shall have no contact with" the complainant or members of the complainant's household; • Appellant "shall refrain from going to or within 300 feet of" the complainant's home and school;
Appellant "must not use, possess, or consume marijuana or any controlled substance or dangerous drug unless obtained pursuant to a lawful prescription for [appellant] issued by a medical doctor. [Appellant] will provide a copy of all such prescriptions to his supervising officer in advance";
Appellant "must not use, possess, or consume alcohol";
Appellant shall "submit to . . . electronic monitoring" and "observe an initial curfew";
Appellant shall not have "firearms, ammunition or any other weapons"; and
Appellant shall not have "contact [with] minor children under [seventeen years old]," shall not "go within 1000 f[eet] of where children gather," and shall not "supervise or participate in any activities [with] minors under [seventeen] years of age."

The trial court also restricted appellant's internet usage.

Appellant signed the trial court's Order for Pretrial Supervision and Bond Conditions, which informed appellant that the "[f]ailure to abide by the[] bond conditions [could] result in [appellant's] bond being forfeited or revoked and [appellant being] arrested and confined" pending trial. By signing the Order for Pretrial Supervision and Bond Conditions, appellant acknowledged that he "underst[ood] that the [trial] court [was] ordering [his] compliance with the [bond] conditions . . . as a requirement of [his] . . . release on bond." Appellant "agree[d] to the[] [bond] conditions" and represented that he "underst[ood] that [his] failure to comply with the[] [bond] conditions [could] result in the forfeiture or revocation of [his] bond and confinement."

Later, the State filed a Motion to Revoke Defendant's Bond, requesting that the trial court revoke appellant's bond because on July 12, 2021, while "on bond for . . . [the felony offense of] [a]ssault [of a] [f]amily [m]ember," appellant "was arrested for and charged with carrying a handgun in a motor vehicle."[11]

Trafficking of a Child

Appellant was arrested in December 2020 for the felony offense of trafficking of a child. A Harris County Grand Jury issued a true bill of indictment, alleging that appellant, on or about December 16, 2020, "unlawfully, knowingly transport[ed] and harbor[ed]" the complainant, "a person younger than [eighteen] years of age," and "cause[d] the [c]omplainant to become the victim of conduct prohibited by [s]ection 22.011 of the Texas Penal Code."[12] The trial court set appellant's bail at $20, 000. Appellant posted bond and was released from custody. The trial court placed appellant on pretrial community supervision and imposed conditions[13] on appellant's release on bond, including:

Appellant "shall personally appear in court, on time, every time th[e] case is set on the [trial] [c]ourt[']s docket";
Appellant "shall commit no crime and shall not engage in any conduct that could result in his[] arrest";
Appellant "shall have no contact with" the complainant;
Appellant "is required to submit to . . . drug and alcohol testing";
Appellant "must not use, possess, or consume marijuana or any controlled substance or dangerous drug unless obtained pursuant to a lawful prescription for [appellant] issued by a medical doctor. [Appellant] will provide a copy of all such prescriptions to his supervising officer in advance";
Appellant "must not use or possess a firearm";
Appellant shall not have "firearms" or "weapons";
Appellant "must not use, possess, or consume alcohol"; and
Appellant shall "submit to . . . electronic monitoring."

The trial court also restricted appellant's internet usage.

Appellant signed the trial court's Order for Pretrial Supervision and Bond Conditions, which informed appellant that the "[f]ailure to abide by the[] bond conditions [could] result in [appellant's] bond being forfeited or revoked and [appellant being] arrested and confined" pending trial. By signing the Order for Pretrial Supervision and Bond Conditions, appellant acknowledged that he "underst[ood] that the [trial] court [was] ordering [his] compliance with the [bond] conditions . . . as a requirement of [his] . . . release on bond." Appellant "agree[d] to the[] [bond] conditions" and represented that he "underst[ood] that [his] failure to comply with the[] [bond] conditions [could] result in the forfeiture or revocation of [his] bond and confinement."

Later, the State filed a Motion to Revoke Defendant's Bond, requesting that the trial court revoke appellant's bond because on July 12, 2021, while "on bond for [the felony offense of] [t]rafficking of a [c]hild," appellant "was arrested for and charged with carrying a handgun in a motor vehicle."[14]

Bond Revocation Hearing

The trial court held a hearing on the State's Motions to Revoke Defendant...

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