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. 05-88-00636-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 BISSETT FN:1 AND STEPHENS FN:2
PER CURIAM OPINION
JUNE 16, 1989
        American Bankers Insurance Company of Florida (American Bankers) 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 judgment of the trial court.
        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); Armadillo Bail Bonds v. State, No. 05-88-01369-CV, (Tex. Civ. App.--Dallas May 2, 1989, n.w.h.) (not yet reported). In this case, the trial court entered judgment nisi forfeiting the bond on September 14, 1987, and the final judgment was entered less than eighteen months later. In a recent opinion, however, this Court declared article 22.16 unconstitutional as a violation of the separation of powers doctrine. Armadillo Bail Bonds, slip op. at 18. Therefore, the trial court's failure to comply with that statute provides no basis for reversing its judgment. Id.
        The judgment of the trial court is affirmed.
                                                          PER CURIAM
DO NOT PUBLISH
TEX. R. APP. P. 90
 
88-00636.F
 
FN:1 The Honorable Gerald T. Bissett, Justice, retired, Court of Appeals, Thirteenth District of Texas at Corpus Christi, sitting by assignment.
FN:2 The Honorable Bill J. Stephens, Justice, retired, Court of Appeals, Fifth District of Texas at Dallas, sitting by assignment.
File Date[01-02-89]
File Name[880636]