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In this appeal of the trial court’s order denying bail, we decide whether a defendant who receives a ten-year sentence, but is placed on community service, is eligible to be released on bond pending appeal under Tex. Code Crim. P. Ann. art. 44.04 (Vernon Supp. 2002). Because we hold article 44.04(b) does not permit bail under such circumstances, we affirm the trial court’s order. *fn1

A jury convicted Sean Lebo of felony assault of an elderly person. See Tex. Pen. Code Ann. � 22.04(a)(3), (f) (Vernon Supp. 2002). Lebo was sentenced to ten years confinement, but the sentence was suspended on the recommendation of the jury, and Lebo was placed on ten years community supervision. As a condition of his probation, Lebo was required to serve ninety-days confinement, the term of confinement to begin before Lebo’s appeal was decided. The trial court refused to release Lebo on bond pending appeal, and this appeal ensued. Lebo claims the trial court erred when it held he was not eligible for bail under article 44.04(b).

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