Order: THE STATE OF TEXAS VS. SAMUEL GARCIA

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                                CAUSE NUMBER:              21-0547-C                                         ‘
                  THE STATE 0F TEXAS                                         §                     IN THE 241“ JUDICIAL
                  vs.                                                        §                     DISTIELQEDZGQEJBEQEB              33
                  SAMUEL GARCIA                                              §                     SMITH COUNTY, TEXAS
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                                                                     ORDER
                           On April    15, 2021, came on to be considered the Defendant’s Application for Writ of
                  Habeas Corpus in the above styled and numbered cause.

                           Applicant was     arrested for the offense of Aggravated Robbery,           a First  Degree Felony,
                  bond set at $1,000,000.00.

                           Article  17.15   Code of Criminal Procedure, Rules for Fixing Amount of Bail,
                                                                                                                        provides.
                  that the Judge is to be governed in the exercise of the discretion by the Constitution and the
                  following rules set out as follows:

                           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 be so used as to make it an instrument of
                                    oppression.

                           3.       The nature of the offense and the circumstance under which it was committed

                           4.       The ability to make bail is to be regarded,        and proof may be taken upon this point.

                           5.       The future safety of the victim of the alleged offense and the community shall be
                                    considered.

                           The Court has reviewed State’s Exhibits “B—1” and “B-2), offense reports                 admitted into
                  evidence, considered testimony presented in the bond hearing,              and weighed the factors pursuant
                  to Article   17. 15 Code of Criminal Procedure.

                           Ex Parz‘e   Cardenas,    557 S.W.3d 722, 733       (Tex.App.-Corpus Christi 2018,         no pet.)
                  (potential punishment      and  nature  of offense are primary factors to be considered in assessing
                  reasonableness of bail).

                          Exparte    Castellanos,    420 S.W.    3d 878,   883  (Tex.App-Houston        [14m Dist.]  2014, no
                 pet.).  “To  Show   that he  is unable   to make   bail, a defendant generally must show that his funds
                 and his family’s funds have been exhausted.           The accused’s ability to make bond is merely one
                 factor to be considered in determining the appropriate amount of bond.”

                          Montalvo     v. State, 315  S.W.3d 588,     592—93   (Tex.App.-Houston        [15‘Dist.]  2010, no pet.).
                  “A defendant carries the burden of proof to establish that bail is excessive”.
                           It is Hereby    ORDERED        that the  Defendant’s     Application    for  Writ  of Habeas     Corpus   is
                  hereby   DENIED.       Accordingly,    bail  is hereby continued      in the  amount    of $1,000,000.00      Surety
                  Bond with conditions.

                           SIGNED AND ORDERED this                22nd  day of April,   2021.




                                                                                                    2      .2;
                                                                                          SKEEN, JR., Judge
                                                                                        District Court
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                                                                                     uth County, Texas