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Ex Parte: Hector Manual Nepes Mata-Mota
Citation: Not availableDocket: 03-97-00147-CR
Court: Court of Appeals of Texas; August 14, 1997; Texas; State Appellate Court
Original Court Document: View Document
Hector Manual Nepes Mata-Mota is appealing a district court's refusal to grant bail while he awaits trial for capital murder in Lee County, as outlined in cause number 5153. The Texas Constitution allows for detention without bail for capital offenses when the evidence is "evident," meaning clear and compelling enough to lead to a conviction and death sentence. The burden of proof lies with the State to demonstrate that the evidence is evident. Recently, the State filed a motion to dismiss the appeal due to Mata-Mota's commitment to a mental health facility after being found incompetent to stand trial. The State argued this change in circumstances necessitated further hearings on the bail issue. However, the court disagreed, asserting that while mental health may affect bail amounts, it does not pertain to whether the evidence supports a conviction for capital murder. The indictment alleges that Mata-Mota fatally shot Giddings Police Officer Gary Joe Bryant, who was investigating a motor vehicle accident and was known to be an officer. The State's evidence included the officer's body discovery and Mata-Mota's admission to shooting him, but did not clarify whether Bryant was acting in the lawful discharge of his duties at the time of the shooting. Consequently, the court found insufficient evidence to affirm that a capital murder occurred, leading to the conclusion that denying bail was erroneous. As a result, Mata-Mota's fifth point of error was sustained. The order denying bail for the appellant, who is charged with capital murder, has been reversed and the case remanded to the district court. The court will schedule a bail hearing once the appellant is found competent to stand trial. The State's motion to dismiss the appeal, based on the appellant's recent commitment to a mental health facility, is denied, as his mental health status does not affect whether the proof of his potential conviction for capital murder is evident. The indictment charges that the appellant fatally shot Gary Joe Bryant, a peace officer, while he was performing his official duties; however, the evidence presented did not sufficiently demonstrate that Bryant was acting lawfully at the time of the shooting. The only testimony provided was from a Texas Ranger, mentioning the discovery of the body and the appellant's admission of guilt, but insufficient details were given about the circumstances of the shooting or Bryant's conduct. Consequently, the court determined that the evidence did not clearly establish that a capital murder had been committed.