Fernandez v. State

WOODLEY, Presiding Judge.

The offense is driving an automobile while his Texas license as a commercial operator was suspended; the punishment, 90 days in jail and a fine of $250.

Our attention is directed to the fact that the recognizance appearing in the record is shown to have been entered into by the appellant and only one surety. Art. 831 Vernon’s Ann.C.C.P., which prescribes the form of a misdemeanor recognizance on appeal, provides that the recognizance be entered into by the defendant and two sureties.

The recognizance, not being in substantial compliance with the statute, is insufficient…