Motion For Reasonable Bail Pending Appeal Page 1 

Frank Edward Reeves v. The State of Texas 

Cause No. PD-1048-14

PD-1048-14

FRANK EDWARD REEVES § IN THE COURT OF CRIMINAL

§

VS. § APPEALS FOR

§

STATE OF TEXAS § THE STATE OF TEXAS

MOTION FOR REASONABLE BAIL

PENDING FINAL DETERMINATION OF APPEAL

TO THE HONORABLE COURT OF CRIMINAL APPEALS: 

 Now comes Frank Edward Reeves, Appellant in the above styled and 

numbered cause, and moves this Court to set bail in a reasonable amount pending 

final determination of this appeal, pursuant to Tex. Code Crim. Proc. Ann. art. 

44.04(h), and in support thereof shows the following: 

1. Tex. Code Crim. Proc. Ann. art. 44.04(h) provides, in pertinent part: 

If a conviction is reversed by a decision of a Court of 

Appeals, the defendant, if in custody, is entitled to 

release on reasonable bail, regardless of the length of 

term of imprisonment, pending final determination of an 

appeal by the state or the defendant on a motion for 

discretionary review. . . If the defendant requests bail 

after a petition for discretionary review has been filed, 

the Court of Criminal Appeals shall determine the 

amount of bail. 

* * * 

PD-1048-14

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/15/2015 2:14:45 PM

Accepted 4/15/2015 2:38:13 PM

ABEL ACOSTA

CLERK
Motion For Reasonable Bail Pending Appeal Page 2

Frank Edward Reeves v. The State of Texas

Cause No. PD-1048-14

The defendant's right to release under this subsection 

attaches immediately on the issuance of the Court of 

Appeals' final ruling as defined by 

Tex. Cr. App. R. 209(c).

2. Appellant has been continuously confined at the Hale County Jail and 

Garza County Jail, under a sentence of ten years incarceration in the Texas 

Department of Criminal Justice - Institutional Division and a fine of $10,000.00,

since sentenced on September 23, 2013. On July 8, 2014, the Seventh Court of 

Appeals reversed appellant's conviction and ordered the cause remanded for new 

trial. See Frank Edward Reeves v. State, 2014 Tex. App. LEXIS 7369 (Tex. App. 

Amarillo July 8, 2014). The State filed a petition for discretionary review on 

August 18, 2014.

3. Appellant is without funds to post a significant bond. Appellant has 

been continuously incarcerated for over two years since his initial arrest on this 

charge and for over 16 months while his appeal has been pending. Because the trial 

court found Appellant to be indigent, counsel for Appellant at trial and on appeal 

was appointed. 

4. Considering the totality of circumstances, appellant requests to be 

admitted to reasonable bail, in the amount of no more than $500.00, pending final 
Motion For Reasonable Bail Pending Appeal Page 3

Frank Edward Reeves v. The State of Texas

Cause No. PD-1048-14

determination of this appeal.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this Court 

set bail in the amount of not more than $500.00 pending final determination of this 

appeal.

Respectfully submitted,

Easterwood, Boyd & Simmons, PC

623 N. Main Street, P.O. Box 273

Hereford, TX 79045

Tel: (806) 364-6801

Fax: (806) 364-2526

/s/ James B. Johnston

James B. Johnston

State Bar No. 10838200

Attorney for Frank Edward Reeves

CERTIFICATE OF COMPLIANCE

The undersigned certifies that according to the WordPerfect word count tool this

Document and the attached affidavit contain 1043 words, exclusive of the items 

excepted by TEX. R. APP. P. 9.4(i)(1).

/s/ James B. Johnston

James B. Johnston

Attorney for Appellant
Motion For Reasonable Bail Pending Appeal Page 4

Frank Edward Reeves v. The State of Texas

Cause No. PD-1048-14

CERTIFICATE OF SERVICE

This is to certify that on April 15, 2015, a true and correct copy of the above 

and foregoing document was served on the following:

LISA C. McMINN

State Prosecuting Attorney

Bar I.D. No.13803300

STACEY M. GOLDSTEIN

Assistant State Prosecuting Attorney

Bar I.D. No. 24031632

P.O. Box 13046

Austin, Texas 78711

information@spa.texas.gov

Meredith Bridges, Assistant

Hale County District Attorney

225 Broadway, Suite 1

Plainview, Texas 79072 

mparker@halecounty.org

/s/ James B. Johnston

Attorney for Appellant
Motion For Reasonable Bail Pending Appeal Page 5

Frank Edward Reeves v. The State of Texas

Cause No. PD-1048-14

STATE OF TEXAS §

§

COUNTY OF HALE §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared 

Frank Edward Reeves, who after being duly sworn stated:

“I am the appellant in the above numbered and entitled cause. I have 

read the foregoing Motion for Reasonable Bail Pending Final 

Determination of Appeal and swear that all of the allegations of fact 

contained therein are true and correct.

“I do not presently have any funds in my name which can be used to 

post bond in this case. I do not presently have any personal or real 

property to my name which I could sell to raise money to post bond. I 

have been unable to borrow the funds to post the bond in this case. It 

is my belief that if bond was set at $500, my mother would be able to 

bond me out. She is on a fixed income and does not have the money to 

pay a large bond amount.

“I have been incarcerated on this charge since February 3, 2013. I 

have not had any income since that time. I was previously receiving 

disability payments, but those ended in January of 2013.

“If released on bail, I would reside with my mother in Tulia, Texas. 

She has resided there for over 40 years. I was raised in Tulia and have 

ties to that community. I believe I could also obtain employment I 

Tulia, since I have worked there before.

“My employment history, to the best of my recollection, is as follows:
Motion For Reasonable Bail Pending Appeal Page 6

Frank Edward Reeves v. The State of Texas

Cause No. PD-1048-14

EMPLOYMENT HISTORY

J&M Manufacturing, Tulia, Texas 1983-1985

Young & Ellis, Tulia, Texas 1985-1988; 1989-2001

Bartlett Feedyard, Tulia, Texas 2001-2002

Clark Harvesting, Hart, Texas 2002-2004

Seed Resource, Tulia, Texas 2004-2005

Big N Fertilizer, Tulia, Texas 2005-2006

Wes’s Specialty, Tulia, Texas 2006-2007

Rip Griffin Truck Stop, Tulia, Texas 2007-2008

Tulia Livestock, Tulia, Texas 2007-2009 (part time)

Began receiving disability November 2012
Motion For Reasonable Bail Pending Appeal Page 7

Frank Edward Reeves v. The State of Texas

Cause No. PD-1048-14

“My prior criminal record is as follows:

10/22/1985 DWI – Swisher County

04/26/2002 Criminal Mischief – Swisher County

05/20/2002 DWI – Castro County

12/31/2002 DWI- Castro County

10/18/2005 Theft – Swisher County

05/02/2006 Assault – Family violence – Swisher County

11/05/2008 Assault – Family violence – Swisher County

04/27/2009 Assault – Family violence – Swisher County

08/06/2012 Burglary of a building – Potter County

“During much of my time of incarceration in the Hale County, Texas 

jail since February 3, 2013, I have been on “trustee” status. Also 

during my incarceration on this case, I have completed 16 hours of 

Life Skills Instruction through the Central Plains Center/Reed 

Outpatient Services out of Plainview.

“I do not have, and have never had, a passport. I have no means by 

which I could flee the jurisdiction of the court.”