IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0363-08

GREGORY EARL POLLARD, Appellant

v.

THE STATE OF TEXAS

MOTION FOR BAIL PENDING APPEAL

PURSUANT TO ARTICLE 44.04(h)

KERR COUNTY

                      Per curiam.

O R D E R

           Appellant was convicted of retaliation in the 198^th Judicial District Court of Kerr County. The court assessed punishment at confinement for twenty years. The court of appeals reversed and remanded, holding that it was error to admit evidence of Appellant’s prior murder conviction. Pollard v. State, 255 S.W.3d 184 (Tex. App. – San Antonio, Jan. 30, 2008). The State has filed a petition for discretionary review with this Court.

           Appellant 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.

Accordingly, bail is hereby set in the amount of $25,000.00, and it is ORDERED that the trial court order Appellant released from confinement assessed in this cause upon the posting of bail. Any sureties must be approved by the trial court.

           IT IS SO ORDERED this the 26th day of January, 2009.

DO NOT PUBLISH