# 14-15-00619-CR 14-15-00620-CR In the Fourteenth Court of Appeals of Texas

Larry Flores, Appellant

v. The State of Texas, Appellee

On Appeal from Cause No.'s 1473497 and 1473498 in the 337 th 

# District Court of Harris County

BRIEF FOR APPELLANT

Oral Argument Requested Clint Davidson, Counsel for Appellant Texas Bar No. 24053172 clintdavidsonlawyer@gmail.com 3303 Main St., Suite 305 Houston, TX 77002 Tel: 713-226-7727 Fax: 713-529-4888

1 ACCEPTED 14-15-00620-CR FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 9/8/2015 8:04:11 PM CHRISTOPHER PRINE

CLERK

# IDENTITY OF PARTIES AND COUNSEL

Appellant Larry Flores SPN: 00740424 Harris County Jail 701 North San Jacinto Houston, TX 77002 Defense Counsel in Trial Court and Counsel on Appeal Clint Davidson Attorney at Law 3303 Main St., Suite 305 Houston, TX 77002 State's Counsel in Trial Court Chelsi Honeycutt Assistant District Attorney Harris County District Attorney's Office 1201 Franklin St. Houston, TX 7002 Judge Presiding The Honorable Renee Magee 337 th 

# District Court 1201 Franklin St., 15 th 

# Floor Houston, TX 77002 State's Counsel on Appeal Allan Curry Chief Prosecutor Appellate Division Harris County District Attorney's Office 1201 Franklin St., Suite 600 Houston, TX 77002

2

# TABLE OF CONTENTS

Identity of Parties and Counsel...................................................................2 Table of Contents........................................................................................3 Index of Authorities.....................................................................................4 Note to the Appendix..................................................................................6 Statement of the Case 7 Appellant's Points of Error...........................................................................7 1. Appellant's bail is excessive and is in violation of Articles 1.07, 1.09, and 17.15 of the Texas Code of Criminal Procedure. 2. Appellant's bail is excessive and is in violation Article I, Section 11 and Section 13 of the Texas Constitution. 3. Appellant's bail is excessive and is in violation of the Eighth and Fourteenth Amendments to the United States Constitution. Statement of Facts.......................................................................................8 Summary of the Argument..........................................................................11 Argument.....................................................................................................12 Conclusion and Prayer.................................................................................17 Certificate of Compliance.............................................................................17 Certificate of Service....................................................................................18 Appendix

3

# INDEX OF AUTHORITIES

CASES Ex parte Bogia, 56 S.W.3d 835, 840 (Tex. App.-Houston [1st Dist.] 2001, no pet.)

............................................................................................................. 16 Ex Parte Brown, 959 S.W.2d 369 (Tex. App.-Fort Worth 1998, no pet.).......15 Ex parte Castellanos, 420 S.W.3d 878, 882 (Tex. App.-Houston [14th Dist.] 2014, no pet.).................................................................................................14 Ex parte Charlesworth , 600 S.W.2d 316, 317 (Tex.Crim.App. [Panel Op.] 1980);

...................................................................................................................... 14 Ex parte Mathews, 151 Tex.Crim. 60, 204 S.W.2d 992 (1947)

..................... .14 Ex parte McDonald, 852 S.W.2d 730, 733-35 (Tex.App.-San Antonio 1993, no pet.) ..............................................................................................................15 Ex parte Melartin, 2015 WL 1544805, (Tex App- Houston [14th Dist.] 2015)

................................................................................................................ 12, 14 Ex parte Newman, 38 Tex.Cr.R. 164, 41 S.W. 628 (1897)

...................................................................................................................... 15 Ex parte Rodriguez, 595 S.W.2d 549, 550 n.2 (Tex. Crim. App. [Panel Op.] 1980)

.............................................................................................................. 14 Ex parte Rubac , 611 S.W.2d 848 (Tex. Crim. App. 1981).........................12, 16 Ex parte Ruiz , 129 S.W.3d 751 (Tex. App.-Houston [1 st 

# Dist.] 2004, no pet.) ..................................................................................................................12, 16 Golden v. State , 288 S.W.3d 516 (Tex. App.-Houston [1 st 

# Dist.] 2009, pet. ref'd) .................................................................................................................12, 15 Ludwig v. State , 812 S.W.2d 323 (Tex. Crim. App. 1991)...............................15

Maldonado v. State , 999 S.W.2d 9, (Tex.App.-Houston [14th Dist.], 1999)......16

4

# Montalvo v. State 315 S.W.3d 588, (Tex. App. - Houston [1 st 

# Dist] 2010, no pet.)

....................................................................................................................12, 13 Stack v. Boyle 342 U.S. 1, 4 (1951)................................................................17 CONSTITUTIONAL PROVISIONS 8 th and 14 th Amendments, United States Constitution..............................7,12 Article I Section 11, Texas Constitution......................................................7,12 Article I, Section 13, Texas Constitution.....................................................7,12 STATUTES Article, 1.07, Texas Code of Criminal Procedure..........................................7 Article, 1.09, Texas Code of Criminal Procedure..........................................7 Article 17.15, Texas Code of Criminal Procedure.....................................7,13

5

# NOTE TO THE APPENDIX OF THIS BRIEF

The Court is requested to take judicial notice of the items in the Appendix. The Appendix to this brief contains certified copies of the charging instruments in the original trial court cases as well as printed copies of the docket sheets detailing the settings and activities in each case. These materials were obtained from the Harris County District Clerk's Office. In addition, a copy of the District Courts Bail Schedule for 2014 is included. ( http://www.justex.net/BailBondSchedule.aspx ) A letter requesting a supplement to the record that contains these items will be sent to the trial court clerk.

6

# STATEMENT OF THE CASE

This is an appeal from the Trial Court's denial of two Applications for a Writ of Habeas Corpus Seeking Reduced Bail filed in each of the Defendant's pending cases in the 337th District Court. The relief sought by the Defendant was denied by the Court after a hearing on July 9th, 2015. (CR 22) Notice of Appeal was filed on July 10, 2015. (CR 19, 22) Because writ applications were filed in each of the Defendant's cases pending in the 337 th 

# District Court, the Court assigned a separate writ number to each case. Cause No. 1438931 was assigned Writ No. 1473497, and is before the 14th Court of Appeals as Case No. 14-15-00619-CR. (CR 1) Cause No. 1455876 was assigned Writ No. 1473498, and is before the 14th Court of Appeals as Case No. 14-15-00620-CR. (CR 1)

APPELLANT'S POINTS OF ERROR 1. Appellant's bail is excessive and is in violation of Articles 1.07, 1.09, and 17.15 of the Texas Code of Criminal Procedure. 2. Appellant's bail is excessive and is in violation Article I, Section 11 and Section 13 of the Texas Constitution. 3. Appellant's bail is excessive and is in violation of the Eighth and Fourteenth Amendments to the United States Constitution
7

# STATEMENT OF FACTS

On August 23, 2014 Appellant Larry Flores was charged by information with the offense of Unlawful Possession of a Firearm, a third degree felony 1 

# , in Cause No. 1438931, in the 337 th District Court of Harris County Texas. (RR 3; Appendix: Activities, Cause No. 1438931, pg 1 ) He appeared in the Trial Court on August 25, 2014, and was ordered to be held without bond. ( Id .) On September 24, 2014, the Court set a bond in the amount of $100,000.00. (Activities 1438931, pg 2 ) (RR 3) Flores was released on bond on September 26. (Activities 143831, pg 1 ) . An indictment in this case was returned on October 13, 2014. (Appendix, Indictment 1438931 ) On January 16, 2015, Flores apparently did not answer the docket call but is shown as present on the Settings record for this case. (Appendix, Settings 1438931, pg1) . The Court revoked his bond that day and then reinstated it on January 20 th 

# . (RR 4) On January 27, 2015, Appellant Flores was charged by information with the offense of Possession of a Controlled Substance (Penalty Group 1; 1 to 4 grams) in Cause No. 1455876, also in the 337 th 

# District Court ( Appendix, Activities, 1455876, pg.1 )

. On January 29, 2015, Flores appeared in the 337 th 

# District Court. His

1 Texas Penal Code § 46.04; West 2014. 

# 8

# bond was revoked in Cause No. 1438931. The Court entered an order to hold

him without bail. (RR 4-5). Subsequently, an Indictment was returned in Cause No. 1455876 on March 9, 2015, charging the offense of Possession of a Controlled Substance in Penalty Group 1 in an amount less than one gram , a State Jail Felony. (Appendix, Indictment 1455876) . There are no enhancement paragraphs in this indictment, contrary to the Court's assertion during the Writ Hearing that Appellant Flores had been indicted in 1445876 as an habitual felon. (RR 4) On April 8, 2015 Appellant Flores had been in custody without bond for 72 days. The Court set bonds in each case at that time. The bond in Cause no. 1438931 was doubled and set at $200,000.00. The bond in Cause No. 1455876 was set at $100,000.00, for an aggregate total of $300,000.00. On July 9, 2015 a hearing was held in the 337 th 

# District Court on Appellant's Application for a Writ of Habeas Corpus Seeking Reduced Bail in each pending case. (Writ No. 1474397 for Cause No. 1438931, and Writ No. 1474398 for Cause No. 1455876. (RR 3; CR 1, 22) At the writ hearing, Appellant's sister Angela Castillo was called as a witness by the defense. Ms. Castillo stated that Appellant Flores was born in Houston, Texas; that there were three other brothers and a sister in the family, and that their parents were deceased. She lives in the Houston area at 2911

9

# Cochran (according to the case records this is Appellant's address of record as

well), and that if Appellant were released he would be staying there with her. Ms. Castillo stated that Appellant did not have a passport. (RR 6-8) With regard to the question of posting a $300,000.00 bond for Appellant, Ms. Castillo stated that neither Appellant or the family have the financial resources or collateral to post a bond in that amount. She also stated that Appellant had previously been employed in the construction industry before he was taken in custody. (RR 8-9) The State did not call any witnesses at the hearing. The facts of the Appellant's pending cases were not developed. Although during argument the State alleged that Appellant had a number to prior weapons related offenses, no evidence or testimony was offered regarding Appellant's criminal history. After hearing testimony and argument, the Court entered orders denying relief on each Writ. (RR 19; CR 18) This appeal followed.

10

# SUMMARY OF THE ARGUMENT

Trial court abused its discretion in refusing lower Appellants bonds and set reasonable bail in each of his cases. A person accused of a crime has a constitutional right to reasonable bail. The right to be free from excessive bail is protected by the United States and Texas Constitutions. The bonds set by the court in these cases in the sum of $300,000.00 are clearly excessive and the result is that Appellant has been effectively denied bail. Bail is excessive if it is incommensurate with the offense(s) charged; not consistent with precedent, and clearly beyond the financial means of the defendant.

11

# ARGUMENT

Trial court abused its discretion in refusing lower Appellants bonds and set reasonable bail in each of his cases. The bonds set by the court in these cases in the sum of $300,000.00 are clearly excessive and the result is that Appellant has been effectively denied bail. This does not fall within the zone of reasonable disagreement. Montalvo v. State 315 S.W.3d 588, 592 (Tex. App. - Houston [1 st 

# Dist] 2010, no pet.) A person accused of a crime has a constitutional right to reasonable bail. The right to be free from excessive bail is protected by the United States and Texas Constitutions. See U.S. Const. amend. VIII; Tex. Const. art. I, § 11, 13; Ex parte Melartin, 2015 WL 1544805, (Tex App- Houston [14th Dist.] 2015)

. The standard of review for a claim that a trial court set excessive bail is to evaluate whether or not the trial court abused its discretion in setting a defendant's bail. Golden v. State , 288 S.W.3d 516, 519 (Tex.App.-Houston [1st Dist.] 2009, pet. ref'd) Ex parte Ruiz , 129 S.W.3d 751, 753 (Tex.App.-Houston [1st Dist.] 2004, no pet.) Ex parte Rubac , 611 S.W.2d 848, 850 (Tex.Crim.App. 1981); An abuse-of-discretion review requires more of the appellate court than simply deciding that the trial court did not rule arbitrarily or capriciously. The

12

# appellate court must instead measure the trial court's ruling against the relevant

criteria by which the ruling was made. Montalvo v. State 315 S.W.3d 588, 592- 93 (Tex. App. - Houston [1 st 

# Dist] 2010, no pet.); When setting bail, a court is governed by the Constitution and by the following rules: 1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with. 2. The power to require bail is not to be so used as to make it an instrument of oppression. 3. The nature of the offense and the circumstances under which it was committed are to be considered. 4. The ability to make bail is to be regarded, and proof may be taken upon this point. 5. The future safety of a victim of the alleged offense and the community shall be considered. Tex. Code Crim. Proc. Art. 17.15 (West, 2014). In addition to these rules, case law provides that courts may consider the following set of factors: (1) the defendant's work record; (2) the defendant's family and community ties; (3) the defendant's length of residency; (4) the defendant's prior criminal record; (5) the defendant's conformity with previous bond conditions; (6) the existence of other outstanding bonds, if any; (7) the aggravating circumstances alleged to have been involved in the charged offense; and (8) whether the defendant is a citizen of the United States. S ee Ex

13

# parte Rodriguez , 595 S.W.2d 549, 550 n.2 (Tex. Crim. App. [Panel Op.] 1980);

Ex parte Castellanos , 420 S.W.3d 878, 882 (Tex. App.-Houston [14th Dist.] 2014, no pet.); Ex parte Melartin, 2015 WL 1544805, (Tex App- Houston [14th Dist.] 2015)

. Rather than giving reasonable assurance that the undertaking will be complied with, the bonds set by the court in this case are sufficiently high as to provide more than reasonable assurance that the Appellant will be unable to make bail. The trial court effectively used bail as an instrument of oppression, irrespective of whatever subjective intentions the court may have had. Bail is excessive if it is incommensurate with the offense(s) charged; not consistent with precedent, and clearly beyond the financial means of the defendant. Bail is excessive if it effectively results in the denial of bail by the trial court. Therefore excessive bail that effectively results in a denial of bail equates to bail being set in an oppressive amount. The conclusion to be drawn given the foregoing, is that if bail is excessive, then it has been used as an instrument of oppression by the trial court. Ex parte Charlesworth , 600 S.W.2d 316, 317 (Tex.Crim.App. [Panel Op.] 1980); Ex parte Mathews , 151 Tex.Crim. 60, 204 S.W.2d 992 (1947) The bonds set by the Court are incommensurate with the offenses charged and inconsistent with the bond schedule of the District Courts.

14

# ( http://www.justex.net/BailBondSchedule.aspx ) Although there are

enhancements that may be proven at trial of the offense, Appellant's firearm charge remains a third degree felony. The controlled substance charge is a state jail felony. Each arise from separate transactions. There are no aggravating factors in either case Furthermore, Appellant is nonetheless presumed to be innocent of the charges. An indictment is neither proof or evidence. Ex parte Newman , 38 Tex.Cr.R. 164, 41 S.W. 628 (1897). Very few defendants in criminal cases have the the financial resources and collateral to post a $300,000.00 bond. The majority of cases reviewed by appellate courts where bonds were set in amounts of six figures or even higher are typically murder cases, charges involving large quantities of controlled substances, or theft of an exceptionally high pecuniary value. The charges against Appellant are scarcely so egregious. The following cases are cited as examples: Ex Parte Brown, 959 S.W.2d 369 (Tex. App.-Fort Worth 1998, no pet.) (Bail in capital murder case set at $500,000.00. Order denying relief affirmed.) Ex parte McDonald, 852 S.W.2d 730 (Tex.App.-San Antonio 1993. no pet.) (Bail of $1,000,000 imposed on defendant charged with capital murder was excessive to extent it exceeded $75,000.) Ludwig v. State . 812 S.W.2d 323 (Tex.Crim.App.1991). (Defendant brought habeas corpus action to reduce $2,000,000 bail set in capital murder prosecution. Bail reduced to $50,000.00.) Golden v. State , 288 S.W.3d 516 (Tex.App-Houston [1st Dist.] 2009, pet
15

# ref'd) (Trial court reversed after setting bail at $200,000.00 in each of

defendant's two controlled substance cases.) Ex parte Ruiz, 129 S.W.3d 751 (Tex. App. [Houston-1st Dist.] 2004, no pet.) (Bail set at 1,600,000.00 for possession of a controlled substance (400 grams) reduced to $600,000.00. ) Maldonado v. State , 999 S.W.2d 9, (Tex.App.-Houston [14th Dist.], 1999) (Bail of $2,500,000 in case involving large quantity of cocaine was not excessive. ) Ex parte Rubac , 611 S.W.2d 848 (Tex. Crim. App.1981) (Bond of $100,000.00 reduced to $25,000.00 where the defendant was accused of possession and intent to deliver controlled substances.) Ex parte Bogia , 56 S.W.3d 835 (Tex. App.-Houston 1st Dist] 2001, no pet.) (Bail of $360,000 for second degree felony theft was excessive. ) The record of the Writ hearing reflects that the Appellant and his family lack the resources to make bail in the amount set by the Court. Appellant is a citizen, and a resident of Houston and Harris County, Texas. He was previously employed in the construction industry,, has sufficient ties to the community, does not posses a passport and is not a flight risk. (RR 7-9) The State's argument consisted largely of hyperbole and speculation unsupported by any admitted evidence. The State did not discuss any of the facts or evidence regarding the Appellant's alleged offenses. No compelling evidence was offered by the State that Appellant is a flight risk or that there would be any effect on the safety of the community in the event the Appellant was released on lower bail. (RR 17-18)

16

# The traditional right to freedom before conviction permits the unhampered

preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning. Stack v. Boyle 342 U.S. 1, 4 (1951)

CONCLUSION AND PRAYER Appellant prays that this Honorable Court will find that Appellant's bonds are excessive and issue an order to the trial court to reduce his bail to $10,000.00 in Writ No. 1473497 (Cause No. 1438931 and $5000.00 in Writ No. 1473498 (Cause No. 1455876) Respectfully submitted, /s/ Clint Davidson Clint Davidson, Counsel for Appellant TBN: 24053172 3303 Main St., Suite 305 Houston, TX 77002 713-226-7727 clintdavidsonlawyer@gmail.com

17

# CERTIFICATE OF COMPLIANCE

The word processing application used to compose this brief reports its length as 2,024 excluding those parts of the document that are excepted from the calculation of length by TRAP 9.4(i)(1)

/s/ Clint Davidson Clint Davidson CERTIFICATE OF SERVICE This brief was served on the Office of the District Attorney for Harris County, Texas by electronic mail to curry_allan@dao.hctx.net on September 8, 2015 /s/ Clint Davidson Clint Davidson

18

# APPENDIX APPELLANT'S BRIEF CASE NO. 14-15-00619-CR CASE NO. 14-15-00620-CR

CLINT DAVIDSON, COUNSEL FOR APPELLANT, LARRY FLORES

TBN: 24053172 3303 MAIN ST., STE 305 HOUSTON, TX 77002 713-226-7727 clintdavidsonlawyer@gmail.comCertifiedDocumentNumber:62745772-Page1of1

## In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com HARRIS COUNTY, TEXAS 

## Chris Daniel, DISTRICT CLERK 

## I, Chris Daniel, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office

62745772 Total Pages: 1 Certified Document Number: 

## September 4, 2015 thisCertifiedDocumentNumber:64551653-Page1of1

## In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com HARRIS COUNTY, TEXAS 

## Chris Daniel, DISTRICT CLERK 

## I, Chris Daniel, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office

64551653 Total Pages: 1 Certified Document Number: 

## September 4, 2015 this

## HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 00740424) 9/4/2015
Cause: 143893101010 CDI: 3 Court: 337

SETTINGS Date Court Post Jdgm Docket Type Reason Results Defendant Future Date Comments Attorney Appearance Indicator 8/25/2014 09:00 AM 337 Assigned Court Preliminary Assigned Court Appearance Reset By Operation Of Law Data Unavailable 9/24/2014 12:00:00 AM Present

9/24/2014 09:00 AM 337 Master Docket Arraignment Reset By Agreement Of Both Parties Present 10/20/2014 12:00:00 AM Present

10/20/2014 09:00 AM 337 Master Docket Arraignment Reset Upon Defense Request Present 12/3/2014 12:00:00 AM Present

12/03/2014 09:00 AM 337 Master Docket Disposition Reset Upon Defense Request Present 1/16/2015 12:00:00 AM Present

1/16/2015 09:00 AM 337 Master Docket Pre-Trial Motions Bond Revoked Alias Capias Issued Present 1/1/0001 12:00:00 AM Present

1/20/2015 09:00 AM 337 Master Docket Pre-Trial Motions Reset Upon Defense Request Present 2/26/2015 12:00:00 AM Present

1/29/2015 09:00 AM 337 Master Docket Pre-Trial Motions Reset Upon Defense Request Present 2/26/2015 12:00:00 AM Present

2/26/2015 09:00 AM 337 Master Docket Pre-Trial Motions Reset Upon Defense Request Present 4/8/2015 12:00:00 AM Present

4/08/2015 09:00 AM 337 Master Docket Pre-Trial Motions Reset Upon Defense Request Data Not Entered 6/15/2015 12:00:00 AM Present

7/01/2015 09:00 AM 337 Master Docket Other Reset By Agreement Of Both Parties Data Not Entered 7/9/2015 12:00:00 AM Present

7/09/2015 09:00 AM 337 Master Docket Other Reset By Agreement Of Both Parties Present 1/1/0001 12:00:00 AM Present 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

1 of 2 09/04/2015 11:39 AM7/20/2015 09:00 AM 337 Impact Court Docket Jury Trial Reset By Court Data Not Entered 9/14/2015 12:00:00 AM Present

9/14/2015 09:00 AM 337 Impact Court Docket Jury Trial Data Not Entered 1/1/0001 12:00:00 AM Absent 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

2 of 2 09/04/2015 11:39 AM

## HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 00740424) 9/4/2015
Cause: 143893101010 CDI: 3 Court: 337

ACTIVITIES Date Type Description SNU/CFI 08/23/2014 COMPLAINT FILED 1000 337 FELON POSS WPN LEVEL F3 08/23/2014 BOND SET $0 999 08/23/2014 REVIEWED BY BYROM, CELESTE ELIZABETH 08/23/2014 ORI HOUSTON POLICE DEPAR OFFENSE NO: 106501414 08/23/2014 COMPLAINANT KIM, T H 01/29/2015 ACI/REV/B TIME 1137 AMOUNT $0 996 01/29/2015 ACKNOWLEDGED BY SHERIFF 02/02/2015 SERVICE ACTIVITY BY PLACING DEF IN JAIL ON 01/29/15 02/02/2015 RECEIPTED BY CLERK 01/29/2015 ACI/REV/B TIME 1137 AMOUNT $0 997 01/29/2015 ACKNOWLEDGED BY SHERIFF 02/02/2015 SERVICE ACTIVITY BY PLACING DEF IN JAIL ON 01/29/15 02/02/2015 RECEIPTED BY CLERK 01/16/2015 C87AI TIME 1233 AMOUNT $0 998 01/16/2015 ACKNOWLEDGED BY SHERIFF 01/23/2015 SERVICE ACTIVITY BY PLACING DEF IN JAIL ON 01/16/15 01/23/2015 RECEIPTED BY CLERK 08/23/2014 CMIF TIME 2319 AMOUNT $0 999 08/23/2014 NOT ACKNOWLEDGED BY SHERIFF 09/26/2014 BOND FILED CRT 337 TIME 0619 TYPE SURETY 09/26/2014 BOND MADE AMT $100000 DATE 09/25/14 RCPT # 09/26/2014 BONDSMAN AC&CC-COX, MICHAEL 10/13/2014 GRAND JURY ACTION FID 10/13/14 G209 999 10/13/2014 GRAND JURY ACTION ROTATION CRT 337 OFF FREQ BND $100000 10/13/2014 GRAND JURY ACTION OFFENSE FELON POSS WPN LEVEL F3 10/13/2014 ORI HOUSTON POLICE DEPAR OFFENSE NO: 106501414 08/25/2014 ATTORNEY MCCOY, KENNETH EUGENE 999 08/25/2014 ATTORNEY AAT COURT 337 CFI 337 08/25/2014 JUDGE MAGEE, HOLLY RENEE PRESIDING 04/08/2015 C87 ACTIVITY BOND RSD STATUS J CFI 337 991 04/08/2015 C87 ACTIVITY BOND RSD STATUS J CFI 337 992 04/08/2015 C87 ACTIVITY BOND RSD STATUS J CFI 337 993 04/08/2015 C87 ACTIVITY BOND SET STATUS J CFI 337 994 01/29/2015 C87 ACTIVITY BOND REV STATUS CFI 337 995 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

1 of 3 09/04/2015 11:41 AM01/20/2015 C87 ACTIVITY BOND REIN STATUS B CFI 337 996 01/16/2015 C87 ACTIVITY BOND REV STATUS CFI 337 997 09/24/2014 C87 ACTIVITY BOND SET STATUS J CFI 337 998 09/24/2014 BAIL OPTIONS JUDGE MAGEE SET BOND AT 100K 08/23/2014 C87 ACTIVITY PCWAR DONE STATUS CFI 337 999 07/20/2015 MOTIONS CRT REP FULL RECOR 981 07/20/2015 MOTIONS FILED CFI 337 07/20/2015 MOTIONS ALLEG GAN AFFIL 982 07/20/2015 MOTIONS FILED CFI 337 07/20/2015 MOTIONS LIMINE 983 07/20/2015 MOTIONS FILED CFI 337 07/20/2015 MOTIONS PREV ST NON JURISD 984 07/20/2015 MOTIONS FILED CFI 337 07/20/2015 MOTIONS ARRG DF OUT JRY PRES 985 07/20/2015 MOTIONS FILED CFI 337 07/17/2015 MOTIONS CONTINUANCE 986 07/17/2015 MOTIONS FILED CFI 337 07/09/2015 MOTIONS CRT OFFICIAL REPT 987 07/09/2015 MOTIONS FILED CFI 337 07/10/2015 MOTIONS SUPPRESS EVID STMTS 988 07/10/2015 MOTIONS FILED CFI 337 07/09/2015 MOTIONS CUMULATE SENTENCE 989 07/09/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS ST. M. IN LIMINE 990 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE XTRN OFF 991 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE BUSI REC 992 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS M. TO DISCLOSE EXPER 993 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE EXP TST 994 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE GRAP MAT 995 05/28/2015 MOTIONS FILED CFI 337 04/06/2015 MOTIONS HABEAS CORPUS BAIL 996 04/06/2015 MOTIONS FILED CFI 337 03/31/2015 MOTIONS SUB ATTY: C DAVIDSON 997 03/31/2015 MOTIONS FILED CFI 337 08/25/2014 MOTIONS DENIAL OF BAIL 998 08/25/2014 MOTIONS FILED CFI 337 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

2 of 3 09/04/2015 11:41 AM08/23/2014 MOTIONS REQ APPT ATTY 999 08/23/2014 MOTIONS FILED CFI 337 07/09/2015 ORDER DENIED BOND ON WRIT HEARING 993 07/09/2015 OFFENSE FELON POSS WPN LEVEL F3 04/08/2015 ORDER GRNT WRIT HC BND $200,000 994 04/08/2015 OFFENSE FELON POSS WPN LEVEL F3 04/08/2015 ORDER DISCOVERY 995 04/08/2015 OFFENSE FELON POSS WPN LEVEL F3 03/31/2015 ORDER GRTD SUB ATTY: C DAVIDSON 996 03/31/2015 OFFENSE FELON POSS WPN LEVEL F3 01/29/2015 ORDER BND COND VIOL RPRT GRNTD 997 01/29/2015 OFFENSE FELON POSS WPN LEVEL F3 12/15/2014 ORDER ATTORNEY FEE VOUCHER 998 12/15/2014 ORDER ATTY FEE AMT $375.00 998 12/15/2014 OFFENSE FELON POSS WPN LEVEL F3 10/20/2014 ORDER CSCD PRETRIAL SUPV 999 10/20/2014 OFFENSE FELON POSS WPN LEVEL F3 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

3 of 3 09/04/2015 11:41 AM

## HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 00740424) 9/4/2015
Cause: 145587601010 CDI: 3 Court: 337

SETTINGS Date Court Post Jdgm Docket Type Reason Results Defendant Future Date Comments Attorney Appearance Indicator 1/29/2015 09:00 AM 337 Assigned Court Preliminary Assigned Court Appearance Reset By Operation Of Law Present 2/26/2015 12:00:00 AM Present

2/26/2015 09:00 AM 337 Master Docket Arraignment Reset By Operation Of Law Present 4/8/2015 12:00:00 AM Present

4/08/2015 09:00 AM 337 Master Docket Arraignment Reset Upon Defense Request Data Not Entered 6/15/2015 12:00:00 AM Present

7/01/2015 09:00 AM 337 Master Docket Other Reset By Agreement Of Both Parties Data Not Entered 7/9/2015 12:00:00 AM Present

7/09/2015 09:00 AM 337 Master Docket Other Researched Present 1/1/0001 12:00:00 AM Present

7/20/2015 09:00 AM 337 Impact Court Docket Jury Trial Reset By Court Data Not Entered 9/14/2015 12:00:00 AM Present

9/14/2015 09:00 AM 337 Impact Court Docket Jury Trial Data Not Entered 1/1/0001 12:00:00 AM Absent 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

1 of 1 09/04/2015 11:45 AM

## HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 00740424) 9/4/2015
Cause: 145587601010 CDI: 3 Court: 337

ACTIVITIES Date Type Description SNU/CFI 01/27/2015 COMPLAINT FILED 1630 337 POSS CS PG 1 1 - 4 GRA LEVEL F3 01/27/2015 BOND SET $0 999 01/27/2015 REVIEWED BY BROWN, ROBYN ASHLEY 01/27/2015 ORI HOUSTON POLICE DEPAR OFFENSE NO: 011201815 01/27/2015 COMPLAINANT GARCIA-CHAVEZ, O E 01/28/2015 CMIF TIME 0740 AMOUNT $0 999 01/28/2015 NOT ACKNOWLEDGED BY SHERIFF 03/09/2015 GRAND JURY ACTION FID 03/09/15 G262 999 03/09/2015 GRAND JURY ACTION ROTATION CRT 337 OFF FREQ BND $0 03/09/2015 GRAND JURY ACTION OFFENSE POSS CS PG 1 <1G LEVEL FS 03/09/2015 ORI HOUSTON POLICE DEPAR OFFENSE NO: 011201815 04/08/2015 C87 ACTIVITY BOND SET STATUS J CFI 337 998 01/28/2015 C87 ACTIVITY PCWAR DONE STATUS CFI 337 999 07/20/2015 MOTIONS CRT REP FULL RECORD 983 07/20/2015 MOTIONS FILED CFI 337 07/20/2015 MOTIONS ALLEG GANG AFFIL 984 07/20/2015 MOTIONS FILED CFI 337 07/20/2015 MOTIONS LIMINE 985 07/20/2015 MOTIONS FILED CFI 337 07/20/2015 MOTIONS ARG DF OUT JRY PRES 986 07/20/2015 MOTIONS FILED CFI 337 07/17/2015 MOTIONS CONTINUANCE 987 07/17/2015 MOTIONS FILED CFI 337 07/09/2015 MOTIONS CRT OFFICIAL REPT 988 07/09/2015 MOTIONS FILED CFI 337 07/10/2015 MOTIONS SUPPRESS EVID STMTS 989 07/10/2015 MOTIONS FILED CFI 337 07/09/2015 MOTIONS CUMULATE SENTENCE 990 07/09/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS ST. M. IN LIMINE 991 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE XTRN OFF 992 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE BUSI REC 993 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

1 of 2 09/04/2015 11:46 AM05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS M. TO DISCL EXPERTS 994 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE EXP TST 995 05/28/2015 MOTIONS FILED CFI 337 05/28/2015 MOTIONS NTC INT USE GRAP MAT 996 05/28/2015 MOTIONS FILED CFI 337 04/06/2015 MOTIONS SET ASD ORDR/SET BND 997 04/06/2015 MOTIONS FILED CFI 337 03/31/2015 MOTIONS SUB ATTY: C DAVIDSON 998 03/31/2015 MOTIONS FILED CFI 337 01/29/2015 MOTIONS DENIAL BAIL 999 01/29/2015 MOTIONS FILED CFI 337 07/09/2015 ORDER DENIED BOND ON WRIT HEARING 995 07/09/2015 OFFENSE POSS CS PG 1 <1G LEVEL FS 04/08/2015 ORDER GRNT WRIT HC BND $100,000 996 04/08/2015 OFFENSE POSS CS PG 1 <1G LEVEL FS 04/08/2015 ORDER DISCOVERY 997 04/08/2015 OFFENSE POSS CS PG 1 <1G LEVEL FS 03/31/2015 ORDER GRTD SUB ATTY: C DAVIDSON 998 03/31/2015 OFFENSE POSS CS PG 1 <1G LEVEL FS 01/29/2015 ORDER GRNT DENIAL BAIL 999 01/29/2015 OFFENSE POSS CS PG 1 1 - 4 GRAMS LEVEL F3 03/09/2015 PRECEPT/SERVE IND DATE RETURNED 04/28/15 HOW EXECUTED E

DATE SERVED 04/18/15 

### Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...

2 of 2 09/04/2015 11:46 AM

## Established: 4/2/79

Amended: 2/4/82 Amended: 9/11/96 Effective: 9/16/96 Amended: 7/13/94 Effective: 9/1/94 Amended: 1/7/98 Effective: 2/1/98 Amended: 9/7/94 Effective: 9/8/94 Amended: 12/6/06 Effective: 1/1/07 

# District Court Bail Schedule O ffense Bail All capital felonies No Bond All murders not particularly specified below $50,000.00 All first degree felonies not particularly specified below $20,000.00 All second degree felonies not particularly specified below $10,000.00 All felony DWI ’ s not particularly specified below $10,000.00 All third degree felonies not particularl y specified below $5,000.00 All fourth degree felonies not particularly specified below $2,000.00


# Repeat Offenders Bail Habitual No Bond First degree felony with previous conviction $30,000.00 Second degree felony with previous conviction $20,000.00 Felo ny DWI with previous felony DWI conviction Double bound amount for each previous felony DWI conviction Third degree felony with previous conviction $10,000.00 Fourth degree (State Jail) felony with previous conviction $5,000.00 Fourth degree (State Jail) felony with more than one previous conviction $15,000.00



# Defendant on Bail for any Felony Charge with: Bail Frist degree felony No Bond Second degree felony No Bond Third degree felony No Bond Fourth degree (State Jail) felony No Bond



# Particular Situations Bail Multiple Count Separate standard bail for each offense in the transac tion Person on felony probation for any grade of felony No Bond Any 3g offense or where deadly weapon alleged $3 0,000.00 Person with deportation history or undocumented presence in United States $35,000.00 Motion to Revoke Probation No Bond Motion to Adjudi cate Guilt At the Judge ’ s Discretion Large quantities of controlled substance or the quantities of stolen property Double the value of large controlled substance or property