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PHILLIP SHOOK, JR. v. STATE OF MISSISSIPPI

AUGUST 26, 1987

PHILLIP SHOOK, JR.
v.
STATE OF MISSISSIPPI



ON PETITION FOR REDUCTION OF BAIL

ROY NOBLE LEE, PRESIDING JUSTICE, FOR THE COURT:

This matter is before the Court on a Petition for Reduction of Bail by Phillip Shook, who was convicted in the Circuit Court of Tate County, Mississippi, on two counts of aggravated assault and shooting into a dwelling house. We consider the petition pursuant to Mississippi Code Annotated 99-35-115 (1972) and Rule 7.02 of the Uniform Criminal Rules of Circuit Court Practice.

Petitioner was sentenced to twenty (20) years for aggravated assault upon Cathy Thaggard and ten (10) years for shooting into a dwelling house, the sentences to run consecutively. The trial

 judge fixed bail, pending appeal, at $100,000.

 Prior to trial, the lower court set the bail bond at $100,000, which was later reduced to $50,000 under Rule 1.06, Uniform Criminal Rules of Circuit Court Practice. Petitioner contends that his bond should now follow that rule and should be the same as before conviction. The contention is not well taken. Rule 1.06 provides in part:

 Excessive bail shall not be required, and all persons shall, [before conviction,] * be, in the discretion of the trial judge, bailable as provided in this rule except for offenses punishable by death when the proof is evident or presumption great.

 Rule 7.02, in part, provides the following:

 A convicted defendant shall be entitled to be admitted to bail, pending an appeal in all cases except those in which the defendant has been sentenced to suffer death, or imprisonment for life. Where the defendant has been convicted of treason, murder, rape, arson, burglary or robbery, the granting of bail is within the discretion of the trial judge or other members of the judiciary as prescribed by Miss. Code Ann. 99-35-115 (1972).

 The amount of bail shall be determined by the trial court or by any member of the judiciary as prescribed by Miss. Code Ann. 99-35-115 (1972).

 In Bumphis v. State, 405 So.2d 116 (Miss.1984), which involved reduction of bail pending appeal to this Court, quoting from Lee v. Lawson, 375 So.2d 1019 (Miss.1979), the Court reaffirmed certain criteria to be applied in determining the amount of bail that should be required as a prerequisite to the defendant's release. We again set them forth:

 (1) The length of his residence in the community;

 (2) His employment status and history and his financial condition;

 (3) His family ties and relationships;

 (4) His reputation, character and ...


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