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489 S.W.2d 907

Cepeda v. State

Court of Criminal Appeals of Texas

Decided February 7, 1973

Court of Criminal Appeals of Texas · decided 1973-02-07

Cited by 2 later decisions — most recently July 2001

2 state decisions

Relies on 164 Tex. Crim. 395 - Lott v. State · 169 Tex. Crim. 495 - Thompson v. State · 169 Tex. Crim. 298 - Harris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-02-07

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¶1OPINION

DAVIS, Commissioner.

¶2This is an appeal from a final judgment forfeiting an appearance bond.

¶3Appellant Cepeda was principal and appellant Abraham was the sole surety on the appearance bond.

¶4Appellants contend that the court erred in forfeiting the bond inasmuch as the State did not aver or in any way show that the principal on the bond was the person named in the subsequent proceedings.

¶5It is appellants’ position that there is a material variance between the bond which reflects the name of Arthur Cepeda as principal and Joseph Abraham, Jr., as surety and the judgment nisi returned jointly against Arthur Duran Cepeda as principal and Joseph Abraham, Jr., as surety.

¶6Appellants argue that the State failed to prove that Arthur Cepeda and Arthur Duran Cepeda are one and the same person.

¶7The middle name is not essential and deleting or adding the middle name or middle initial does not create a variance. Thompson v. State, 169 Tex.Cr.R. 495, 335 S.W.2d 226; Harris v. State, 169 Tex.Cr.R. 298, 333 S.W.2d 381; Lott v. State, 164 Tex.Cr.R. 395, 299 S.W.2d 145.

¶8No error is shown.

¶9The judgment is affirmed.

¶10Opinion approved by the Court.

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