AMERICAN BANKERS INSURANCE FROM A DISTRICT COURT COMPANY OF FLORIDA, APPELLANT v. THE STATE OF TEXAS, APPELLEE

COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
 
NO. 05-88-00274-CV
 
AMERICAN BANKERS INSURANCE FROM A DISTRICT COURT
COMPANY OF FLORIDA,
 
        APPELLANT
 
 
v.
 
 
THE STATE OF TEXAS,
 
        APPELLEE. OF DALLAS COUNTY, TEXAS
 
 
 
BEFORE CHIEF JUSTICE ENOCH AND JUSTICES BAKER AND WHITTINGTON
PER CURIAM OPINION
JUNE 26, 1989
        American Bankers Insurance Company of Florida seeks to set aside a bond forfeiture judgment entered against it. Asserting a single point of error, American Bankers contends that the judgment was entered in violation of article 22.16(c)(2) of the Texas Code of Criminal Procedure. We overrule American Bankers' point of error and affirm the trial court's judgment.
        Article 22.16(c)(2) of the Texas Code of Criminal Procedure provides that, after a bond forfeiture, a final judgment may be entered against the bond not earlier than eighteen months after the date the forfeiture was entered, if the offense for which the bond was given is a felony. TEX. CODE CRIM. PROC. ANN. art. 22.16(c)(2). In this case, the final judgment was entered less than eighteen months from the date of the forfeiture judgment. In a recent opinion this Court declared article 22.16 unconstitutional as a violation of the separation of powers doctrine. Armadillo Bail Bonds v. State, no. 88-1369 (Tex. App.--Dallas May 2, 1989, n.w.h.) (not yet reported), slip op. at 18. Therefore, the trial court's failure to comply with that statute provides no basis for reversing its judgment. Id.
        The trial court's judgment is affirmed.
                                                          PER CURIAM
DO NOT PUBLISH
TEX. R. APP. P. 90
 
88-00274.F
 
 
File Date[09-06-89]
File Name[880274F]