Bob Matyastik v. State of Texas

Opinion

CV4-750

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-94-00750-CV

Bob Matyastik, Appellant

v.

State of Texas, Appellee

FROM THE COUNTY COURT OF MILAM COUNTY

NO. 6864, HONORABLE ROGER HASHEM, JUDGE PRESIDING

PER CURIAM

Bob Matyastik appeals from the trial court's judgment forfeiting a bail bond on which he was liable as a surety. We do not reach any of appellant's points of error because the State confesses error in this cause.

The bond at issue in this cause was written for an appearance before the district court of Milam County. The County Court of Milam County, however, rendered the judgment nisi and the final judgment. The court before which the accused is bound to appear by the terms of the bond must render the judgment nisi and judgment of forfeiture. Deckard v. State, 615 S.W.2d 717, 718 (Tex. Crim. App. 1981); George v. State, 589 S.W.2d 428, 430 (Tex. Crim. App. 1979); Mullins v. State, 327 S.W.2d 578, 579 (Tex. Crim. App. 1959). The district court of Milam County was the only proper court to have rendered the judgment nisi and final judgment.

We reverse the trial court's judgment and remand the cause.

Before Justices Powers, Kidd and B. A. Smith

Reversed and Remanded

Filed: July 12, 1995

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