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LEBO v. STATE

No. 04-02-00009-CR.

75 S.W.3d 591 (2002)

Sean LEBO, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

March 20, 2002.

Attorney(s) appearing for the Case

Ray Taylor, Robert H. Featherston, Taylor & Correa, P.C., San Antonio, for appellant.

Edward F. Shaughnessy, III, Asst. Criminal Dist. Atty., San Antonio, for appellee.

Sitting: PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

OPINION

PAUL W. GREEN, Justice.

In this appeal of the trial court's order denying bail, we decide whether a defendant who receives a ten-year sentence, but is placed on community service, is eligible to be released on bond pending appeal under Tex. Code Crim. P. Ann. art. 44.04 (Vernon Supp. 2002). Because we hold article 44.04(b) does not permit bail under such circumstances, we affirm the trial court's order.1

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