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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 JUDGE S OF SAID COURT:
COMES NOW Samuel Gentry , Defendant in the abov e - 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 b een convicted of a felony DWI in Smith County, had his conviction reversed by the Twelfth Court of Appeals. Gentry v. State , 12

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- 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 CLERKentitled to release on reasonable bail ... pending final determination [of a PDR].”
T herefore, in accordance with th e provision, Mr. Gentry would request the Court set a reasonable bond.
III

. As Mr. Gentry is current ly 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 the se proceedings may subsequently be remanded. In support of this request, Mr. Gentry has filed attached to th is 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 court

appointed 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 T e xas in cluding 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 loc al 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.
Gent ry fully complied, without error, with the bond conditions set by the trial
court. T his 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 Te xas Bar No. 24046139 112 East Line, Suite 310 Tyler, TX 75702 Telephone: (903) 595

- 6070 Facsimile: (866) 387

- 0152CERTIFICATE 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