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BALBOA v. STATE

No. 64239.

612 S.W.2d 553 (1981)

Ramon B. BALBOA, Principal & Joe Riojas, d/b/a Riojas Bail Bond, Surety, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 25, 1981.

Attorney(s) appearing for the Case

Antonio G. Cantu, San Antonio, for appellants.

Bill M. White, Dist. Atty. Robert DeLeon, Barry P. Hitchings and Douglas V. McNeel, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DALLY, Judge.

This is an appeal by the surety and principal from a final judgment in the forfeiture of a bail bond.

The appellants contend that summary judgment should not have been granted because:

(1) the bond failed to designate the court in which the principal was to appear and is therefore not a valid and binding undertaking in law;

(2) the failure of the bond to designate the court in which the principal was to appear...

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