In Timmins v. State, the 4th Court addressed an issue of first impression. If a defendant whose bail has been revoked is ordered to subsequently report to a county jail and fails to do so, has the defendant committed an offense under section 38.10 of the Texas Penal Code for “failure to appear” in accordance with the terms of his release?
The appellant argued no, because a “appear” has acquired a technical legal meaning of “appearance” in court. The State argued “appear” means to show up somewhere, as required by the terms of one’s release. The unanimous panel held that, construing chapter 38 of the Penal Code as a whole, “appear” is not limited to in-court appearances.