State v. Matyastik

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

This is a criminal bail bond forfeiture case. The State petitioned this Court for review on four grounds, two of which we granted, to-wit: 1) to determine whether the court of appeals erred in finding Art. 22.16, V.A.C.C.P., constitutional; and 2) to determine whether the court of appeals erred in affirming the trial court’s remit-titur of a final judgment without a bill of review or proper appellate procedure. Because we find Art. 22.16(a) and (c)(1), V.A.C.C.P., unconstitutional we will reverse the court of appeals.

Herbert…