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           Order issued September 10,2012




                                                               In The
                                                 <!rnurt of 1\ppeals
                                      lJrtfth, 1llistrirl of Wexas at 1llallas
                                                     No. 05-10-01416-CR


                                                  W. W. WISE, Appellant

                                                                   v.
                                          THE STATE OF TEXAS, Appellee


                                  On Appeal from the Criminal District Court No. 7
                                               Dallas County, Texas
                                       Trial Court Cause No. Fl0-25006-Y


                                                            ORDER

                   Appellant W. W. Wise was convicted of theft of a motor vehicle valued at $1,500 or more

           but less than $20,000, a state jail felony. See TEx. PENAL CODE ANN.§ 31.03(a), (e)(4)(A) (West

           Supp. 20 12). The trial court assessed punishment, enhanced by two prior felony convictions, at three

           years' confinement. Id. §§ 12.34(a), 12.425(a). On August 24, 2012, this Court affirmed Wise's

           conviction but reversed that portion of the judgment assessing punishment and remanded the case

           for further proceedings pursuant to article 44.29(b) of the Texas Code of Criminal Procedure. See

           Wise v. State, No. 05-10-01416-CR, 2012 WL 3631244, at *5 (Tex. App.-Dallas Aug. 24,2012,

           no pet. h.).

                   On August 30, 2012, Wise filed a motion for personal bond pending final determination of

           appeal in which he asserts he is entitled to release from the Dallas County Jail pursuant to article
44.04(h) of the Texas Code of Criminal Procedure. See TEx. CooECRIM. PROC. ANN. art. 44.04(h)

(West 2006). Article 44.04(h) of the code of criminal procedure, however, entitles a defendant to

release on reasonable bail only if his "conviction is reversed by a decision of a Court of Appeals."

!d. Here, this Court affirmed Wise's conviction but reversed for a new trial on punishment.

Consequently, Wise is not entitled to be released on bond. His motion for personal bond pending

final determination of appeal therefore is DENIED.




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