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Bell v. State

When the instanter bond does not show prima facie evidence that the defendant had actual notice, the state must offer evidence of actual notice.

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Date Submitted: October 4, 2001

OPINION

Lawrence Reginald Bell appeals his conviction for bail jumping and failure to appear in accordance with the terms of his release from custody. Tex. Pen. Code Ann. � 38.10 (Vernon 1994). *fn1 The jury assessed his punishment at seventy years’ imprisonment. *fn2 After both parties concluded the evidence, Bell moved for a directed verdict stating the State had not met its burden on all of the elements of the offense. The trial court denied the motion. Bell’s sole point on appeal is that the trial court erred in holding the evidence sufficient to sustain the conviction when the State failed to establish prima facie proof that, at the time of his release from custody on his underlying charge, Bell was notified of the court in which he was to appear.

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