Richard Gardner Thompson, Appellant v. the State of Texas, Appellee

Summary

The Court held that the appellant was validly transferred to the Texas Department of Corrections under Art. 42.09, Sec. 5, and therefore was not eligible for bail pending appeal; his subsequent release on bail was erroneous, rendering him an escapee and causing dismissal of the appeal. The majority relied on the presumption of trial court correctness and on Prince and Moreno to classify the appellant as an escapee. Justice Teague dissented, arguing that the appellant was lawfully released on bail and was not an escapee, and that the case should be remanded rather than dismissed.