Motion Granted; Order filed October 15, 2013. 

In The

Fourteenth Court of Appeals

____________

NO. 14-10-01090-CR

____________

JOHN FRANGIAS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1256414

ORDER

On September 26, 2013, this Court rendered its judgment reversing the trial 

court’s judgment convicting appellant John Frangias of sexual assault and 

remanding the case for further proceedings. The same day, appellant filed a 

motion requesting this Court to set reasonable bail. TEX. CODE CRIM. PROC. art. 

44.04(h). Appellant requested that bail be set at $30,000.00, which is the same as 

the bail set before the original trial of this matter. On October 4, 2012, the State 

filed a response to the motion asking that bail be increased to $60,000.00. 
2

In determining the amount that is reasonable, courts consider factors such as 

the following: 

1. The fact that the conviction has been overturned;1

2. The State’s ability, if any, to retry the appellant;2

3. The likelihood that the decision of the court of appeals will be 

overturned;3

4. The defendant’s work record;4

5. The defendant’s family and community ties;5

6. The defendant’s length of residency;6

7. The defendant’s prior criminal record;7

8. The defendant’s conformity with previous bond conditions;8

9. The existence of other outstanding bonds, if any;9

10. Aggravating circumstances alleged to have been involved in the 

charged offense;10

11. Whether ―bail [is] sufficiently high to give reasonable assurance that 

the undertaking will be complied with‖;11

12. Whether the amount of bail required is low enough that it is not ―an 

instrument of oppression‖;12

13. ―The nature of the offense and the circumstances under which it was 

committed are to be considered‖;13

14. The defendant’s ability to make bail;14 and

15. ―The future safety of a victim of the alleged offense and the 

community . . . .‖15

 

1

Aviles v. State, 26 S.W.3d 696, 701 (Tex. App.—Houston [14th Dist.] 2000, no pet.). 

2

Id.

3

Id.

4

Id. at 698 (citing Ex parte Rubac, 611 S.W.2d 848, 849–50 (Tex. Crim. App. [Panel Op.] 

1981)). 

5

Id. (citing Rubac, 611 S.W.2d at 849–50). 

6

Id. (citing Rubac, 611 S.W.2d at 849–50). 

7

Id. (citing Rubac, 611 S.W.2d at 849–50). 

8

Id. (citing Rubac, 611 S.W.2d at 849–50). 

9

Id. (citing Rubac, 611 S.W.2d at 849–50). 

10 Id. (citing Rubac, 611 S.W.2d at 849–50). 

11 TEX. CODE CRIM. PROC. art. 17.15.

12 Id.

13 Id.

14 Id.

15 Id.
3

Appellant’s bail previously was set at $30,000.00, he appeared each time his 

case was set for trial, and fully complied with his bond conditions. Although 

appellant has not worked since his conviction, his family attests that it could make 

bond in this amount. No other bonds are outstanding. Appellant has no prior 

criminal history, and lived and worked in the Houston area for decades before the 

charged offense occurred. Although sexual assault is a serious offense, no 

additional factors increase the severity of the offense with which appellant is 

charged. He is not alleged to have used or displayed a weapon, to have threatened 

or coerced the complainant, or to have inflicted any bodily injuries. The 

complainant resides in another country, and appellant is not alleged to have had 

any contact with her since she reported the alleged offense. 

As of the date this order is being issued, the State has not moved for 

rehearing or for rehearing en banc, and has not filed a petition for discretionary 

review. 

We find appellant’s motion meritorious, grant the motion, and ORDER the 

appellant released on bail upon his giving good and sufficient bond, signed by 

appellant as principal and with sureties as required by law, in the sum of 

$30,000.00, pending final disposition by the Court of Criminal Appeals or the 

expiration of the time in which to file a petition for discretionary review.

PER CURIAM

Panel consists of Justices Christopher and McCally.