State v. Boyd Leon Leftwich, Jr. ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00112-CR

The State of Texas,

                                                                      Appellant

 v.

Boyd Leon Leftwich, Jr.,

                                                                      Appellee

From the County Court at Law

McLennan County, Texas

Trial Court No. 2004-3932-CR1

MEMORANDUM  Opinion

          For the reasons stated in State v. Stanley, No. 10-05-00101-CR (Tex. App.—Waco July 27, 2005, no pet. h.) (per curiam), this appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Appeal dismissed

Opinion delivered and filed July 27, 2005

Do not publish

[CR25]

). The consideration of safety to the victim is just one factor and does not justify the detention of a presumptively innocent defendant by the use of excessive bail.

After considering the foregoing under the applicable rules, we find that the bail set is excessive, and we reduce the bail to $1,000,000 for all three indictments.

The judgment is reformed to show bail to be $1,000,000. As reformed, the judgment is affirmed.

                           VIC HALL DO NOT PUBLISHJustice