Court of Criminal Appeals of Texas
Pedro Alvarez, Principal & John Burns, Surety v. the State of Texas, Appellee
June 23, 1993861 S.W.2d 878
Summary
The Court reversed the Court of Appeals and remanded for a hearing on the notice issue, holding that summary judgment was improper because a genuine material fact existed as to whether the principal received notice of the April 14 hearing. It also clarified that the State bears the burden of proof on only three of the four elements of a bond forfeiture, with the defendant bearing the burden of showing a valid reason for non‑appearance. A concurrence in part/dissent in part agreed with the notice holding but argued the majority should also have addressed the name‑calling requirement.