Ex Parte Larry Flores v. State ( 2015 )

ACCEPTED
14-15-00620-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
9/8/2015 8:04:11 PM
CHRISTOPHER PRINE
CLERK
14-15-00619-CR
14-15-00620-CR
In the Fourteenth Court of Appeals of Texas FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
Larry Flores, Appellant 9/8/2015 8:04:11 PM
CHRISTOPHER A. PRINE
v. Clerk
The State of Texas, Appellee
On Appeal from Cause No.'s 1473497 and 1473498
in the 337th 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
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
337th District Court
1201 Franklin St., 15th 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. Crim. 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 [1st Dist.] 2004, no pet.)
…...............................................................................................................12, 16
Golden v. State, 288 S.W.3d 516 (Tex. App.-Houston [1st 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 [1st Dist] 2010, no pet.)
….................................................................................................................12, 13
Stack v. Boyle 342 U.S. 1, 4 (1951)................................................................17
CONSTITUTIONAL PROVISIONS
8th and 14th 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 337th 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 337th 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 20th. (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 [1st
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 [1st 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. See 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. Crim. 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.com
CertifiedDocumentNumber:62745772-Page1of1
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
this September 4, 2015
Certified Document Number: 62745772 Total Pages: 1
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
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
CertifiedDocumentNumber:64551653-Page1of1
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
this September 4, 2015
Certified Document Number: 64551653 Total Pages: 1
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
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
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 9/4/2015
00740424)
Cause:
CDI: 3 Court: 337
143893101010
SETTINGS
Date Court Post Docket Reason Results Defendant Future Comments Attorney
Jdgm Type Date Appearance
Indicator
8/25/2014 337 Assigned Preliminary Reset By Data 9/24/2014 Present
09:00 AM Court Assigned Court Operation Unavailable 12:00:00
Appearance Of Law AM
9/24/2014 337 Master Arraignment Reset By Present 10/20/2014 Present
09:00 AM Docket Agreement 12:00:00
Of Both AM
Parties
10/20/2014 337 Master Arraignment Reset Present 12/3/2014 Present
09:00 AM Docket Upon 12:00:00
Defense AM
Request
12/03/2014 337 Master Disposition Reset Present 1/16/2015 Present
09:00 AM Docket Upon 12:00:00
Defense AM
Request
1/16/2015 337 Master Pre-Trial Bond Present 1/1/0001 Present
09:00 AM Docket Motions Revoked 12:00:00
Alias AM
Capias
Issued
1/20/2015 337 Master Pre-Trial Reset Present 2/26/2015 Present
09:00 AM Docket Motions Upon 12:00:00
Defense AM
Request
1/29/2015 337 Master Pre-Trial Reset Present 2/26/2015 Present
09:00 AM Docket Motions Upon 12:00:00
Defense AM
Request
2/26/2015 337 Master Pre-Trial Reset Present 4/8/2015 Present
09:00 AM Docket Motions Upon 12:00:00
Defense AM
Request
4/08/2015 337 Master Pre-Trial Reset Data Not 6/15/2015 Present
09:00 AM Docket Motions Upon Entered 12:00:00
Defense AM
Request
7/01/2015 337 Master Other Reset By Data Not 7/9/2015 Present
09:00 AM Docket Agreement Entered 12:00:00
Of Both AM
Parties
7/09/2015 337 Master Other Reset By Present 1/1/0001 Present
09:00 AM Docket Agreement 12:00:00
Of Both AM
Parties
1 of 2 09/04/2015 11:39 AM
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
7/20/2015 337 Impact Jury Trial Reset By Data Not 9/14/2015 Present
09:00 AM Court Court Entered 12:00:00
Docket AM
9/14/2015 337 Impact Jury Trial Data Not 1/1/0001 Absent
09:00 AM Court Entered 12:00:00
Docket AM
2 of 2 09/04/2015 11:39 AM
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 9/4/2015
00740424)
Cause:
CDI: 3 Court: 337
143893101010
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
1 of 3 09/04/2015 11:41 AM
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
01/20/2015 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
2 of 3 09/04/2015 11:41 AM
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
08/23/2014 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
3 of 3 09/04/2015 11:41 AM
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 9/4/2015
00740424)
Cause:
CDI: 3 Court: 337
145587601010
SETTINGS
Date Court Post Docket Reason Results Defendant Future Comments Attorney
Jdgm Type Date Appearance
Indicator
1/29/2015 337 Assigned Preliminary Reset By Present 2/26/2015 Present
09:00 AM Court Assigned Court Operation 12:00:00
Appearance Of Law AM
2/26/2015 337 Master Arraignment Reset By Present 4/8/2015 Present
09:00 AM Docket Operation 12:00:00
Of Law AM
4/08/2015 337 Master Arraignment Reset Upon Data Not 6/15/2015 Present
09:00 AM Docket Defense Entered 12:00:00
Request AM
7/01/2015 337 Master Other Reset By Data Not 7/9/2015 Present
09:00 AM Docket Agreement Entered 12:00:00
Of Both AM
Parties
7/09/2015 337 Master Other Researched Present 1/1/0001 Present
09:00 AM Docket 12:00:00
AM
7/20/2015 337 Impact Jury Trial Reset By Data Not 9/14/2015 Present
09:00 AM Court Court Entered 12:00:00
Docket AM
9/14/2015 337 Impact Jury Trial Data Not 1/1/0001 Absent
09:00 AM Court Entered 12:00:00
Docket AM
1 of 1 09/04/2015 11:45 AM
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
HCDistrictclerk.com The State of Texas vs. FLORES, LARRY (SPN: 9/4/2015
00740424)
Cause:
CDI: 3 Court: 337
145587601010
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
1 of 2 09/04/2015 11:46 AM
Office of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPri...
05/28/2015 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 HOW EXECUTED E
RETURNED 04/28/15
DATE SERVED 04/18/15
2 of 2 09/04/2015 11:46 AM
District Court Bail Schedule
Offense 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 particularly 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
Double bound amount for each
Felony DWI with previous felony DWI conviction
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
$15,000.00
previous conviction
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
Separate standard bail for each
Multiple Count
offense in the transaction
Person on felony probation for any grade of felony No Bond
Any 3g offense or where deadly weapon alleged $30,000.00
Person with deportation history or undocumented presence
$35,000.00
in United States
Motion to Revoke Probation No Bond
Motion to Adjudicate Guilt At the Judge’s Discretion
Large quantities of controlled substance or the quantities of Double the value of large controlled
stolen property substance or property
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