In In Ex parte Byers, 612 S.W.2d 534 (Tex. Crim. App. 1980), the defendant was sentenced to 15 years confinement and a fine. Byers, 612 S.W.2d at 535. The trial court did not consider the defendant eligible for bail pending appeal under an erroneous reading of the controlling statute that a defendant whose punishment consisted of both confinement and a fine was not eligible for bail. The Court concluded that under the terms of the statute as it then provided, the trial court had a non-discretionary duty to consider bail for any defendant whose punishment was assessed at 15 years confinement (or less) and a fine. Id. at 537. Thus, the trial court had a non-discretionary duty to consider the defendant's request for bail since he was eligible for it under the controlling statute. However, the trial court had discretion whether to grant or deny the bail application on the merits. Id.