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Click here for the full text of this decision FACTS:Appellant, Tomas Horacio Ruiz, is charged with possession of a controlled substance, namely, cocaine weighing at least 400 grams. The trial court initially set bail at $1,600,000. After hearing Ruiz’s application for a writ of habeas corpus and bond reduction, the trial court reduced the bail to $600,000, from which Ruiz appeals. HOLDING:Affirmed. A trial court should consider the factors enumerated in Texas Code of Criminal Procedure Article 17.15 in setting a defendant’s bail. In this case, in addition to the large amount of drugs involved, there is a concern on the part of law enforcement officials that a drug smuggling operation exists, with a house at house at 4215 Oneida in Pasadena as its nexus. The nature of the offense is serious, carries a substantial penalty and the circumstances indicate an organized drug smuggling operation. The trial court could reasonably conclude that the nature of the offense didn’t favor further bond reduction. When considered with the facts that Ruiz gave no evidence regarding his own personal financial resources, and that the street value of the cocaine recovered from the scene far exceeds the bail amount, the trial court reasonably could have concluded that Ruiz had failed to carry his burden to show that the trial court had set excessive bail. Ruiz introduced evidence from a bail bondsman that the largest bond Ruiz’s wife and his father could make was $10,000. The bail bondsman did not interview Ruiz, however, and did not testify regarding Ruiz’s financial circumstances. The trial court could reasonably have found that the family’s resources were not the only ones available to Ruiz and, therefore, that he did not carry his burden to establish that he is unable to make bail, particularly given the recovery of a substantial amount of cocaine and $690,000 in cash. Ruiz has lived in this country for seven years and Harris County for four years. He has worked in Houston for three years for a construction company as a carpenter and painter. He would have a job to go to if released on bond. Ruiz has ties to the community living here with his wife and daughter and with his mother, father, aunts and uncles in close proximity. He has no prior criminal record in this country. These factors weigh in favor of a lower bond. The trial judge, however, weighed these factors along with the fact that Ruiz is an undocumented alien, in this country illegally and is a Mexican citizen with family in Mexico. The allegations at issue involve a drug smuggling operation via cars transported between Texas and Mexico. Given the evidence of Ruiz’s potential risk of flight, the court cannot say that the trial court abused its discretion. OPINION:Bland, J.; Taft, Keyes and Bland, JJ.

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