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DECKARD v. STATE

No. 65735.

615 S.W.2d 717 (1981)

S. L. DECKARD, Sr., d/b/a Deckard's Bail Bonds, Surety, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied May 27, 1981.

Attorney(s) appearing for the Case

Louis A. Joseph, San Antonio, for appellant.

Bill M. White, Dist. Atty., Barry P. Hitchings, and Jerry Rosson, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and TOM G. DAVIS and CLINTON, JJ.

OPINION

TOM G. DAVIS, Judge.

This is an appeal by S. L. Deckard, Sr., d/b/a Deckard's Bail Bonds, as Surety, from a final judgment forfeiting a $10,000 appearance bond.

Appellant contends that there is a fatal variance between the bond and the judgment nisi, and consequently the State was not entitled to a summary judgment. We agree and reverse.

The bond recites that the Principal, Fernando Martinez, "has been charged by Indictment with a...

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