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Order issued September 10,2012

In The <!rnurt of 1\ppeals lJrtfth, 1llistrirl of Wexas at 1llallas No. 05-10-01416-CR

W. W. WISE, Appellant v. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. Fl0-25006-Y

ORDER Appellant W. W. Wise was convicted of theft of a motor vehicle valued at $1,500 or more but less than $20,000, a state jail felony. See TEx. PENAL CODE ANN.§ 31.03(a), (e)(4)(A) (West Supp. 20 12). The trial court assessed punishment, enhanced by two prior felony convictions, at three years' confinement. Id. §§ 12.34(a), 12.425(a). On August 24, 2012, this Court affirmed Wise's conviction but reversed that portion of the judgment assessing punishment and remanded the case for further proceedings pursuant to article 44.29(b) of the Texas Code of Criminal Procedure. See Wise v. State, No. 05-10-01416-CR, 2012 WL 3631244, at *5 (Tex. App.-Dallas Aug. 24,2012, no pet. h.).

On August 30, 2012, Wise filed a motion for personal bond pending final determination of appeal in which he asserts he is entitled to release from the Dallas County Jail pursuant to article 44.04(h) of the Texas Code of Criminal Procedure. See TEx. CooECRIM. PROC. ANN. art. 44.04(h) (West 2006). Article 44.04(h) of the code of criminal procedure, however, entitles a defendant to release on reasonable bail only if his "conviction is reversed by a decision of a Court of Appeals." !d. Here, this Court affirmed Wise's conviction but reversed for a new trial on punishment.

Consequently, Wise is not entitled to be released on bond. His motion for personal bond pending final determination of appeal therefore is DENIED.

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