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Liles v. State

Court of Appeals of Texas, Twelfth District, Tyler

September 6, 2017

THOMAS WAYNE LILES, JR., APPELLANT
v.
THE STATE OF TEXAS, APPELLEE

         APPEAL FROM THE 402ND JUDICIAL DISTRICT COURT WOOD COUNTY, TEXAS (Tr.Ct.Nos. 23, 102-2017, 23, 103-2017)

          Panel consisted of Worthen, C.J., Hoyle, J., and Bass, Retired J., Twelfth Court of Appeals, sitting by assignment.

          OPINION

          Bill Bass, Justice.

         This is an appeal from the denial of Thomas Wayne Liles Jr.'s application for a writ of habeas corpus. In two separate cause numbers, Appellant is charged with serious bodily injury to a child. In one issue, Appellant contends the trial court erred by requiring him to give another bond in what he argues are the same criminal actions as that in which he previously gave bonds. We affirm.

         Background

         On February 11, 2015, the Wood County Grand Jury returned an indictment in cause number 12-17-00084-CR alleging Appellant on or about July 24, 2014, recklessly, by omission, caused serious bodily injury to N.P., a child of fourteen years of age or younger, by failing to seek medical care for her injuries. The allegations in the second case, cause number 12-17-00085-CR, are identical except the complainant was alleged to be G.G. After a bond reduction hearing, Appellant posted a $20, 000 personal bond in each case. Appellant appeared at approximately thirteen docket calls, the last on January 19, 2017.

         On January 25, 2017, the Wood County Grand Jury returned new indictments, each containing two counts. The new indictments charge a different and more aggravated manner or means of committing the offense of injury to a child than that alleged in the first indictments. Specifically, in cause number 12-17-00084-CR, count one of the new indictment alleges that Appellant, as a party, intentionally and knowingly caused serious bodily injury to N.P., a child of fourteen years or younger, by striking her with his hands, or fists, or feet, or by manner or means unknown to the grand jury. Count two charges that Appellant caused N.P. serious bodily by failing to seek medical care for her injuries. The new indictment also alleges that Appellant's failure to act was knowing and intentional, not reckless as alleged in the first indictment. The new indictment in cause number 12-17-00085-CR also contains these greater allegations, but in reference to G.G.

         On February 16, 2017, Appellant filed his application for writ of habeas corpus asking the court to reinstate the $20, 000 personal bond previously given. The trial court denied relief.

         Appellant was rearrested on February 9, 2017 and remains in confinement. Bonds on the new indictments have been set at $250, 000 in each case.

         Standard of Review and Applicable Law

         Once a defendant gives bail for his appearance in answer to a criminal charge, "he shall not be required to give another bond in the course of the same criminal action[.]" Tex. Code Crim. Proc. Ann. art. 17.09, § 2 (West 2005) (emphasis added). However, whenever, during the course of the action, the trial court finds that "bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, " the accused may be rearrested and required to give another bond in an amount the judge deems proper. Id. art. 17.09, § 3 (emphasis added).

         We review a trial court's bail rulings at a habeas proceeding for abuse of discretion. Ex parte Gill, 413 S.W.3d 425, 428 (Tex. Crim. App. 2013). The trial court has great discretion when setting bond for a person accused of a crime. See Ex parte Goosby, 685 S.W.2d 440, 442 (Tex. App.-Houston [1st Dist.] 1985, no pet.); see also Tex. Code Crim. Proc. Ann. art. 17.15 (West 2005). The statute provides that judges and magistrates, in the exercise of that discretion, are governed by the following rules:

1. The bail shall be sufficiently high to give reasonable assurance that the undertaking ...

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