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Young v. State

Court of Appeals of Texas, Tenth District, Waco
May 5, 2004
No. 10-02-00343-CR (Tex. App. May. 5, 2004)

Opinion

No. 10-02-00343-CR.

Opinion delivered and filed May 5, 2004. DO NOT PUBLISH.

Appeal From the County Court, Bosque County, Texas, Trial Court #3523. Affirmed.

Walter M. Reaves, Jr., Attorney at Law, West, TX, for appellant/relator. Patricia Ferguson Coy, County Attorney for Bosque County, Meridian, TX, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


This appeal is one of five cases involving the same issues. We will summarily apply our ruling from another case and affirm the judgment. Hill Bail Bonds (HBB) is the surety on a bail bond for $1,000, on which Brandon James Young is the principal and the person charged with the offense. After he failed to appear, judgment nisi was entered. He was arrested before the final hearing. On final hearing, the court heard evidence and arguments, then entered judgment for 25% of the bond amount. HBB appeals from that ruling. In two issues, HBB asserts: (1) the court abused its discretion, because it applies the same formula to all bond-forfeiture cases and did not review any factors appropriate to a determination of the amount of the remittitur; and (2) HBB is entitled to a greater remittitur because a decision of the Court of Criminal Appeals was wrong because it did not take certain legislative history into account. The State initially says that the issues are not preserved for our review because no objection was made to the amount of the remittitur, to the application of the schedule, or the failure to remit the entire bond. No motion for new trial or to modify the judgment was filed. The appeal is, however, from a final judgment, and the record is clear that HBB was arguing for a greater, or complete, remittitur. Thus, we believe that the issues are properly before us. In a case involving the essentially the same facts and arguments, we determined that the court did not abuse its discretion. Burns and Hill Bail Bonds v. State, No. 10-00339-CR slip op. at 4 (Tex. App.-Waco May 5, 2004, no pet. h.). Based thereon, we overrule both of HBB's issues in this case. We affirm the judgment.


Summaries of

Young v. State

Court of Appeals of Texas, Tenth District, Waco
May 5, 2004
No. 10-02-00343-CR (Tex. App. May. 5, 2004)
Case details for

Young v. State

Case Details

Full title:BRANDON JAMES YOUNG AND HILL BAIL BONDS, Appellants v. THE STATE OF TEXAS…

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: May 5, 2004

Citations

No. 10-02-00343-CR (Tex. App. May. 5, 2004)

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