IN THE

TENTH COURT OF APPEALS

No. 10-02-00343-CR

     BRANDON JAMES YOUNG

     AND HILL BAIL BONDS,

                                                                              Appellants

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the County Court

Bosque County, Texas

Trial Court # 3523

MEMORANDUM OPINION

      This appeal is one of five cases involving the same issues. We will summarily apply our ruling from another case and affirm the judgment.

      Hill Bail Bonds (HBB) is the surety on a bail bond for $1,000, on which Brandon James Young is the principal and the person charged with the offense. After he failed to appear, judgment nisi was entered. He was arrested before the final hearing. On final hearing, the court heard evidence and arguments, then entered judgment for 25% of the bond amount. HBB appeals from that ruling.

      In two issues, HBB asserts: (1) the court abused its discretion, because it applies the same formula to all bond-forfeiture cases and did not review any factors appropriate to a determination of the amount of the remittitur; and (2) HBB is entitled to a greater remittitur because a decision of the Court of Criminal Appeals was wrong because it did not take certain legislative history into account.

      The State initially says that the issues are not preserved for our review because no objection was made to the amount of the remittitur, to the application of the schedule, or the failure to remit the entire bond. No motion for new trial or to modify the judgment was filed. The appeal is, however, from a final judgment, and the record is clear that HBB was arguing for a greater, or complete, remittitur. Thus, we believe that the issues are properly before us.

      In a case involving the essentially the same facts and arguments, we determined that the court did not abuse its discretion. Burns and Hill Bail Bonds v. State, No. 10-00339-CR slip op. at 4 (Tex. App.—Waco May 5, 2004, no pet. h.). Based thereon, we overrule both of HBB’s issues in this case. We affirm the judgment.

                                                                   BILL VANCE

                                                                   Justice

Before Chief Justice Gray,

      Justice Vance, and

      Justice Reyna

Affirmed

Opinion delivered and filed May 5, 2004

Do not publish

[CV06]