Jimmy Montalvo v. State Texas

Applicant was convicted of murder in Cause No 88-CR-0159 in the 289th Judicial District Court of Bexar County. Punishment
was assessed at confinement for forty (40) years in the Texas Department of Corrections. A decision by the San Antonio Court
of Appeals has reversed that conviction and remanded the case to the trial court. Montalvo v. State, No. 04-88-00392-CR (Tex.App.
- San Antonio, delivered October 4, 1989). The State has filed a petition for discretionary review with this Court. The petition
is pending before this Court. Applicant has applied to this Court, pursuant to Article 44.04(h) of the Code of Criminal Procedure, to set a reasonable
bail pending final determination of the appeal. In his motion for bail, applicant notes that the criteria for bail are established
by the Eighth Amendment to the United States Constitution, Article 1, Section 11 of the Texas Constitution, and Articles 1.07
and 17.15 of the Texas Code of Criminal Procedure. Applicant sets out the factors which have developed from these provisions:1