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Michael Patrick Kennedy v. the State of Texas

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ORDER

Michael Patrick Kennedy was arrested after he was involved in a shooting incident with an officer from the New Braunfels Police Department. Ultimately, he pleaded guilty to the crime of aggravated assault of a police officer, but he reserved the right to appeal the district court’s ruling on a motion to suppress evidence that was seized from his property after the shooting. On appeal, this Court determined that the district court erred by failing to grant the motion to suppress because the search warrant affidavit did not contain enough information to allow the magistrate to determine if probable cause existed to search Kennedy’s home. Accordingly, we reversed Kennedy’s conviction and remanded for a new trial. Kennedy has now filed a motion asking this Court to set a reasonable bond under article 44.04(h) of the code of criminal procedure.

Article 44.04(h) mandates that when an appellate court reverses a defendant’s conviction, the court must also set a reasonable bond for his release. In particular, article 44.04(h) provides, in relevant part, as follows:

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