Ex Parte: Tricha Ann McLendon--Appeal from 6th District Court of Red River County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 06-11-00162-CR

Case Date: 12/06/2011

Preview:In The Court of Appeals Sixth Appellate District of Texas at Texarkana
______________________________ No. 06-11-00162-CR ______________________________

EX PARTE: TRICHA ANN MCLENDON

On Appeal from the 6th Judicial District Court Red River County, Texas Trial Court No. CR-00974

Before Morriss, C.J., Carter and Moseley, JJ. Opinion by Justice Moseley Dissenting Opinion by Justice Carter

OPINION Tricha Ann McLendon was convicted of possession of a controlled substance and was sentenced to two years' confinement. McLendon, an indigent defendant, filed a motion for reasonable bail pending appeal requesting to either be permitted to remain at large on the existing bail or be admitted to reasonable bail, in the amount of no more than $2,500, until conviction becomes final. The trial court set bond in the amount of $50,000.00 and ordered weekly drug testing as a condition of bond. McLendon appeals, arguing that the amount of bond was unreasonable and that the trial court had no authority to order weekly drug testing. McLendon failed to preserve error by neglecting to notify the trial court of her objection to the bond condition, and we find the amount of the bond reasonable. judgment. I. McLendon's Complaint Relating to Bond Condition Was Not Preserved McLendon challenges the condition of bail requiring her to undergo weekly drug testing. Although McLendon had a right to appeal the order of the trial court that set the condition of drug testing, she was not relieved of the requirement to preserve error by bringing her complaint about the condition to the attention of the trial court. TEX. R. APP. P. 33.1(a); Margoitta v. State, 994 S.W.2d 336, 338

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