Legal Opinion · Concurring in part, dissenting in part

Alvarez v. State

Court of Criminal Appeals of Texas

Decided June 23, 1993No. 1111-91Published

1Concurring in part, dissenting in partOverstreet, Judge

The majority today has correctly decided the application of summary judgment proof facts to bail bond forfeiture in general and specifically regarding notice to the principal. I therefore agree with the opinion and join that portion of the opinion. I disagree with the majority’s failure to address and dispose of appellant’s point of error regarding summary judgment proof of the calling of the principal’s name at the courthouse door and write in dissent on this issue.

The appellant presents a material fact issue defeating summary judgment on the matter of calling the defendant’s name distinctly…

2Cases cited7 opinions

  1. Montgomery v. KennedyTexas Supreme Court · 1984
  2. Tocher v. StateCourt of Criminal Appeals of Texas · 1975
  3. Boone & Scarborough v. MillerTexas Supreme Court · 1893
  4. Bennett v. StateCourt of Criminal Appeals of Texas · 1965
  5. Deem v. StateCourt of Criminal Appeals of Texas · 1961

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