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ALVAREZ v. STATE

No. 65097.

605 S.W.2d 615 (1980)

Stephen ALVAREZ and Barry Johnson, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

October 8, 1980.

Attorney(s) appearing for the Case

Vincent F. Fialho, Fort Worth, for appellants.

Tim Curry, Dist. Atty., William Kane, and C. Chris Marshall, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, TOM G. DAVIS and W. C. DAVIS, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from final judgment forfeiting an appearance bond. Appellants were the principal and surety, respectively, on an appearance bond in the amount of $4,000.00.

In two related contentions, appellants maintain that neither the evidence nor the judgment nisi support the final judgment. These contentions are based upon a variance between the judgment nisi which recites a failure to appear in Criminal District...

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