ALLEGHENY MUT. CAS. v. STATE

No. B14-85-905CR.

710 S.W.2d 139 (1986)

ALLEGHENY MUTUAL CASUALTY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist).

Rehearing Denied May 22, 1986.


Attorney(s) appearing for the Case

Richard E. Gray, III, Kenneth Shepardson, Austin, for appellant.

John B. Holmes, Jr., Timothy G. Taft, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and ROBERTSON and DRAUGHN, JJ.


OPINION

ROBERTSON, Justice.

This is an appeal from final judgment entered in a bond forfeiture proceeding. The sole issue before us is whether the trial judge has discretion to render judgment for an amount less than the face amount of the appearance bond in a criminal proceeding where the accused fails to appear for trial and has not been re-arrested prior to final judgment in the bond forfeiture proceeding. We hold he has no discretion and affirm.

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