PD-1312-14

SAMUEL C. GENTRY § IN THE COURT OF 

§

vs. § CRIMINAL APPEALS

§

THE STATE OF TEXAS § AUSTIN, TEXAS

AMENDED MOTION FOR BOND PENDING PDR

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW Samuel Gentry, Defendant in the above-styled and numbered 

cause, by and through his attorney of record, and moves this Honorable Court to 

set a reasonable appeal bond in this cause; and in support of this Motion the 

Defendant would show as follows:

I.

On 27 August 2014, Mr. Gentry, who had been convicted of a felony DWI 

in Smith County, had his conviction reversed by the Twelfth Court of Appeals. 

Gentry v. State, 12-13-00168-CR (Tex.App.—Tyler). On 26 September 2014, the 

State timely filed a Petition for Discretionary Review. That case is still pending 

and Mr. Gentry remains incarcerated. 

II.

Mr. Gentry is eligible for a bond pending the Court’s disposition of the 

State’s PDR. Article 44.04(h) of the Texas Code of Criminal Procedure provides, 

“If a conviction is reversed by a decision of a Court of Appeals, the defendant is 

PD-1312-14

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 8/21/2015 2:06:58 PM

Accepted 8/24/2015 9:18:00 AM

ABEL ACOSTA

CLERK
entitled to release on reasonable bail ... pending final determination [of a PDR].” 

Therefore, in accordance with the provision, Mr. Gentry would request the Court 

set a reasonable bond. 

III.

As Mr. Gentry is currently incarcerated, he has only minimal financial 

resources and asks the Court to require the posting of bond in an amount no greater 

than absolutely necessary to reasonably and adequately secure his presence before 

this Court and any other court to which these proceedings may subsequently be 

remanded. In support of this request, Mr. Gentry has filed attached to this motion 

an affidavit in which he certifies that he currently has no income, owns no 

property, and has “no trusts, lines of credit, or other income source.”

Further, the clerk’s record in this case indicates that Mr. Gentry was 

previously determined by the trial court to be indigent and was given courtappointed counsel at trial and on appeal. Undersigned counsel who represented 

Mr. Gentry in the Twelfth Court of Appeals has continued to represent Mr. Gentry 

in this Court, past the termination of his appointment, on a pro bono basis. 

The entirety of Mr. Gentry’s family resides in Texas including his father, 

siblings, and his children. He has meaningful connections outside of this State and 

does not present a flight risk. 
At the time he was arrested for the underlying offense he was employed at 

the local Ingersol Rand / Trane air conditioning manufacturing plant here in Tyler 

and will have the opportunity to obtain employment once again if released on bond 

pending this Court’s decision on the PDR. 

Finally, while this case is a felony DWI enhanced on the basis of Mr.

Gentry’s prior alcohol-related convictions, while awaiting trial on this matter Mr. 

Gentry fully complied, without error, with the bond conditions set by the trial 

court. This included seven months of regularly reporting and submitting to weekly 

testing for drugs and alcohol. 

WHEREFORE, PREMISES CONSIDERED, Mr. Gentry respectfully 

requests that this Honorable Court set an bond in this case pending the disposition 

of the State’s PDR.

Respectfully submitted,

/s/Austin Reeve Jackson

Texas Bar No. 24046139

112 East Line, Suite 310

Tyler, TX 75702

Telephone: (903) 595-6070

Facsimile: (866) 387-0152
CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing 

document was served on counsel for the State by efile concurrently with its filing. 

/s/Austin Reeve Jackson