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VALDEZ v. STATE

No. 46483.

491 S.W.2d 437 (1973)

Fernando Diaz VALDEZ et al., Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 14, 1973.

Attorney(s) appearing for the Case

Joseph (Sib) Abraham, Jr. and Anthony C. Aguilar, El Paso, for appellants.

Steve Simmons, Dist. Atty., Gary B. Weiser, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is a bond forfeiture proceedings.

The sole ground of error is that "there was a material variance between the offense alleged in the bail bond and the judgment nisi inasmuch as there is no offense under State statutes entitled: `destruction of property'."

The bail bond recites appellant to be charged with a misdemeanor of "destruction of property" and the judgment nisi recites the offense charged as "willful...

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