Deckard v. State

OPINION

TOM G. DAVIS, Judge.

This is an appeal by S. L. Deckard, Sr., d/b/a Deckard’s Bail Bonds, as Surety, from a final judgment forfeiting a $10,000 appearance bond.

Appellant contends that there is a fatal variance between the bond and the judgment nisi, and consequently the State was not entitled to a summary judgment. We agree and reverse.

The bond recites that the Principal, Fernando Martinez, “has been charged by Indictment with a Felony, to-wit: Delivery of Heroin.” The bond further provides that the principal shall personally appear “instanter before the Honorable 175th DISTRICT COURT,…