Cause No(s). _____________________________

The State of Texas			§           IN THE _________________________ COURT 
					§	   
VS.           		                      	§	 ________________________________________						§	 	
____________________________   	§ 	 __________________ COUNTY, TEXAS

MEMORANDUM OF LAW IN SUPPORT OF APPEAL BOND

I, _________________________________, hereafter known as Appellant, submit this memorandum of law in support of the request to file a Appeal Bond with stated assurance as the required for the Appeal Bond and allowed by law.
Appellant was found guilty by the Honorable Judge __________________________ at the _________________________________ on ______________  ____, 200__ of violation(s) which are classified as Class C Misdemeanor as defined in the Texas Penal Code Section 12.03(a)(3), 12.03(b) and 12.03(c). The motion for a new trial was denied on ______________  ____, 200__.
Under the Texas Government Code Section 30.00006(e) states that a Court Judge will take judicial notice of state law. State law consists of the Texas Constitution, the Texas Code of Criminal Procedure, and the Texas Penal Code, among others.
Under Government Code Section 30.00015 the Appeal Bond specifies 4 requirements. (1) The Appeal bond must be filed within 10 days after the motion for a new trial is denied. (2) The appeal bond must be in the amount of $100  or double the amount of the fine, which ever is greater. (3) The appeal bond must state that the defendant was convicted in the case and has appealed. (4) The appeal bond must be conditioned on the defendant’s immediate and daily personal appearance to which the appeal is taken. No requirement of cash or surety for a Class C Misdemeanor can be found in the Texas Government Code or Texas Code of Criminal Procedure.

Under the Texas Code of Criminal Procedure (TCCrP) Article 43.03(b) states under Payment of Fines:

“(b) A term of confinement for default in payment of fine or costs or both may not exceed the maximum term of confinement authorized for the offense for which the defendant was sentenced to pay the fine or costs or both. …”(emph. Added)

The statement “may not exceed the maximum term of confinement authorized for the offense…” is specific in nature. If confinement is not considered in the penalty of the offense, then the maximum amount time allowed by confinement is zero. If confinement is a null issue, then any Article within the TCCrP which specify the word ‘release’ or ‘bail’ cannot be considered by the court, as the words apply to confinement.
Texas law only requires Appellant to sign an Appeal Bond whereby Appellant states that Appellant was convicted and is appealing the conviction, promises to appear when required by the court or be prepared to pay the court $100 or up to double the amount of the fine and finally file the Appeal Bond within 10 days after Appellant’s Motion for a new trial is denied.
Nothing in Texas Law requires Appellant to submit cash or other consideration to a Municipal Court to be allowed to appeal when the offense does not consist of a penalty of confinement. Specifically Article 44.281 of the TCCrP states:

“In misdemeanor cases affirmed on appeal from a municipal court, the fine imposed on appeal and the costs imposed on appeal shall be collected from the defendant, and the fine of the municipal court when collected shall be paid into the municipal treasury.”

WHEREFORE, for all the aforementioned reasons Appellant respectfully pray that this Honorable Court will accept Appellant’s Appeal Bond without extra consideration. In the alternative of the denial of Appellant’s Appeal Bond, Appellant moves for an Interlocutory Appeal on the issue of a mandatory cash bond, before Appellant’s has the right to an appeal to the county court from a Class C Misdemeanor violation.

Respectfully submitted by:

_________________________________

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via certified mail, return receipt requested, hand delivery or fax on this ______  day of ________________________, 200__.

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INSTRUCTIONS

This document goes with the Appeal Bond used when appealing from a municipal court. It shows the authority, why you are not required to put up cash money to appeal from the court. Try it in any municipal court appeal. If it is rejected then an Interlocutory Appeal is in order to have a higher court show the authority where is by law that a cash bond is required, when another court shows it is not.
This document is filed at least 10 days after the denial of your Motion for a New Trial.

Line 1: Where you put the cause numbers of the case.
Line 2: Put ‘Municipal’.
Line 3: Put ‘In the City of (whatever City)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put your name in Upper and Lower Caps.
Line 7: Name of Judge.
Line 8: Put in the name of the court where you filed your papers.
Line 9: Put the name of the Month that the judge found you guilty. 
Line 10: Put the numbered day of the Month that the judge found you guilty.
Line 11: Put the last number of the year that the judge found you guilty – like - 2001 .
Line 12: Put the name of the Month that the judge denied the motion for a new trial. 
Line 13: Put the numbered day of the Month that the judge denied the motion for a new trial.
Line 14: Put the last number of the year that the judge denied the motion for a new trial – like - 2001 .
Line 15: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.
Line 16: Put the numbered day of the Month that you serve a copy of this document to the Court Clerk.
Line 17: Put the name of the Month that you serve a copy of this document to the Court Clerk
Line 18: Put the last number of the year that you serve a copy of this document to the Court Clerk. – like - 2001 .
Line 19: Put “Court Clerk for (Whatever Court)
Line 20: Put the street address where the Court Clerk will be served.
Line 21: Put the City, State and Zipcode where the Court Clerk will be served.
Line 22: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.