Bob Matyastik v. State of Texas--Appeal from County Court of Milam County

CV4-750 TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-94-00750-CV
Bob Matyastik, Appellant
v.
State of Texas, Appellee
FROM THE COUNTY COURT OF MILAM COUNTY
NO. 6864, HONORABLE ROGER HASHEM, JUDGE PRESIDING

PER CURIAM

 

Bob Matyastik appeals from the trial court's judgment forfeiting a bail bond on which he was liable as a surety. We do not reach any of appellant's points of error because the State confesses error in this cause.

The bond at issue in this cause was written for an appearance before the district court of Milam County. The County Court of Milam County, however, rendered the judgment nisi and the final judgment. The court before which the accused is bound to appear by the terms of the bond must render the judgment nisi and judgment of forfeiture. Deckard v. State, 615 S.W.2d 717, 718 (Tex. Crim. App. 1981); George v. State, 589 S.W.2d 428, 430 (Tex. Crim. App. 1979); Mullins v. State, 327 S.W.2d 578, 579 (Tex. Crim. App. 1959). The district court of Milam County was the only proper court to have rendered the judgment nisi and final judgment.

We reverse the trial court's judgment and remand the cause.

 

Before Justices Powers, Kidd and B. A. Smith

Reversed and Remanded

Filed: July 12, 1995

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