CAUSE NO. CR-l6-12256-F
`
`*
`THE STATE OF TEXAS
`*
`VS.
`*
`GUTIERREZ, MARISOL, Principal &
`*
`RENE A. ANZALDUA D/B/A
`ANZALDUA BAlL BONDS, Surety Pro Se, *
`
`COUNTY COURT AT LAW # 6
`OF
`HIDALGO COUNTY, TEXAS
`
`ORDER
`
`On this day came before this Honorable Court the foregoing Motion to Exonerate Bond and
`Discharge of Liability and in support thereof. The Court has considered the Motion to Exonerate Bond and
`Discharge of Liability, has taken judicial notice of the Court’s file, and considered the arguments for the
`parties. This Court is of the opinion that said motion should be:
`M GRANTED; said bond is Exonerated as per Surety only.
`DENIED.
`
`SO ORDERED on this the fi% day of M , 2017.
`
`Agreedzk/L
`Assistant
`
`PRESIDING JUDGE
`
`

`

`THESTATE OF TEXAS
`vs.
`GUTIERREZ, MARISOL, Principal &
`RENE A. ANZALDUA D/B/A
`ANZALDUA BAIL BONDS, Surety Pro Sc,
`
`:1-
`
`CAUSE N0. CR-16-12256-F
`COUNTY courififl? AWE
`*
`*
`or
`33mm «I
`*
`*
`HIDALGO COUNTY, TEXAS
`
`3 C 30‘ u...
`fl
`
`'J
`
`,
`
`.. w
`
`._
`
`'
`
`l
`:
`
`W
`”mg-322% E
`
`l
`
`MOTION TO EXONERATE BOND AND DISCHARGE OF LIABILITY
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`COMES NOW RENE A. ANZALDUA D/B/A ANZALDUA BAIL BONDS, hereinafter referred
`as Surety and MARISOL GUTIERREZ, hereinafter referred as Principal/Defendant, and files this Motion
`to Exonerate Bond and Discharge of Liability, and in support thereof would show this Honorable Court as
`follows:
`
`I.
`RENE A. ANZALDUA D/B/A/ ANZALDUA BAIL BONDS, posted bond on
`OCTOBER 31, 2016 in the amount of ONE THOUSAND $1,000.00; Dollars to secure the release of
`Principal/Defendant from confinement at the Hidalgo County Jail. (See Exhibit-A Copy of Bond Posted on
`Defendant). Principal/Defendant’s charge at the time of the posting of the said bond was an offense of
`DRIVING WHILE INTOXICATED. Principal/Defendant was released on bond pending an Arraignment
`hearing for NOVEMBER 21, 2016.
`
`II.
`Principal/Defendant was arrested on NOVEMBER 5, 2016 on a subsequent offense. Specifically
`Principal/Defendant was arrested for MISDEMEANOR CHARGES. Subsequently, Surety ascertained that
`Principal/Defendant is in custody at the HIDALGO COUNTY SHERIFFS DEPT. 711 E. EL CIBOLO
`RD, EDINBURG, TX. 78542.
`
`

`

`Surety, was able to obtain an Affidavit of Surety Verification of Incarceration and delivered the said
`affidavit to the Sheriff of Hidalgo County. (See Exhibit B)
`Surety would show that at the time of posting of the said bond, Principal/Defendant did not have any
`other outstanding criminal warrants or order of detention from INS.
`This case is pending before this Honorable Court. Before this date and a judgment NISI is signed
`again, Surety files this Motion to Exonerate Surety from said bond under Article 17.16 of the Code of
`Criminal Procedure. Under Article 17.16. DISCHARGE OF LIABILITY; SURRENDER OR
`INCARCERATION OF PRINCIPAL BEFORE FORFEITURE
`(a) A surety may before forfeiture relieve himself of his undertaking by:
`(1) surrendering the accused into custody of the sheriff of the county where the prosection is
`pending: or
`(2) delivering to the sheriff of the county where the prosecution is pending an affidavit stating that
`the accused is incarcerated in federal custody, in the custody of any state, or in any county of this state.
`(b) For the purposes of Subsection (a) (2) of this article, the bond is discharged and the surety is
`absolved of liability on the bond on the sheris verification of the incarceration of the accused.
`(See Exhibit—C Article 17.16 of the O’Connor’s Code of Criminal Procedure)
`11].
`In the alterative, Surety files this Motion to Exonerate the Surety, under Article 22.13
`ofthe Code Criminal Procedure. Under Article 22.13. CAUSES WHICH WILL EXONERATE
`(a) The following causes, and no other, will exonerate the defendant and his sureties, if any, from
`liability upon the forfeiture taken:
`1. That the bond is, for any cause, not a valid and binding undertaking in law. If it be valid and
`
`

`

`‘ binding as to the principal, and one or more of his sureties, if any, they shall not be exonerated from liability
`because of its being invalid and not binding as to another surety or sureties, if any. If it be invalid and not
`binding as to the principal, each of the sureties, if any, shall be exonerated from liability. If it be valid and
`binding as to the principal, but not so as to the sureties, if any, the principal shall not be exonerated, but the
`sureties, if any, shall be.
`5. The incarceration of the principal in any jurisdiction in the United States:
`(See Exhibit—D Article 22.13 ofthe O’Connor’s Code of Criminal Procedure)
`IV.
`WHEREFORE, PREMISES CONSIDERED, RENE A. ANZALDUA D/B/A
`ANZALDUA BAIL BONDS, Surety, on its behalf and for Principal/Defendant MARISOL GUTIERREZ,
`prays that this Court grant the foregoing Motion to Exoncrate Bond and Discharge of Liability and for such
`other and further to which Surety and Principal/Defendant may be entitled.
`
`Respectfully submitted,
`RENE A. ANZALDUA
`Surety Pro-Se
`D/B/A ANZALDUA BAIL BONDS
`PO. BOX 2658
`EDINBURG, TEXAS 78539
`NE 56 383-4646
`TEL
`I
`RENE A. ANZALD'UA
`
`

`

`CERTIFICATE OF SERVICE
`I hereby certify that a true and correct copy of the foregoing Motion to Exonerate Bond and
`Discharge of Liability has been HAND DELIVERED to the Monica Garcia, District Attomey’s office of
`‘9
`day of AUGUST 2017.
`Hidalgo County, Edinburg, Texas 78539 on the
`cc: Attorney at Law
`
`Iii/47%:
`
`RENE A. ANZALDUA
`
`

`

`VERIFICATION
`
`STATE OF TEXAS
`*
`COUNTY OF HIDALGO
`BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day personally
`appeared RENE A. ANZALDUA, Individually and d/b/a/ ANZALDUA BAIL BONDS, known to me to
`be the person whose name is subscribed hereto who being first duly sworn in the manner provided by law,
`on oath stated as follows:
`“My name is RENE A. ANZALDUA I am over the age of 18 years, have personal
`1.
`knowledge of, and am competent and authorized to testify to the facts set forth herein.
`I have read the above and foregoing Motion to Exonerate Bond and Discharge of
`
`2.
`
`Liability and all facts contained therein is true and correct.” %/M
`
`Further Affiant says naught
`
`RENE A. ANZALDUA, Individually and
`d/b/a/ ANZALDUA BAIL BONDS
`
`SWORN TO AND SUBSCRIBED before me, the undersigned authority, by the said RENE A.
`day of
`[LO
`ANZALDUA on the
`, 2017 to certify which witness
`30 3}“
`may hand and seal of officer
`
`Notary Pull?) in an
`
`r'the State of Texas
`
`JOoE M GARCIA
`Notary Public
`STATE OF TEXAS
`My Comm. Exp. November 2. 2019
`
`

`

`CAUSE NO. CR-16-12256—F
`
`THE STATE OF TEXAS
`VS.
`GUTIERREZ, MARISOL, Principal &
`RENE A. ANZALDUA D/B/A
`ANZALDUA BAIL BONDS, Surety Pro Se,
`
`x-
`
`*aex‘x-
`
`COUNTY COURT AT LAW # 6
`OF
`HIDALGO COUNTY, TEXAS
`
`ORDER SETTING HEARING
`
`On the day came before the Court Defendant’s Motion to Exonerate Bond and Discharge of
`Liability. The Court finds that same was timely filed and should be heard. It is therefore Ordered that
`day of
`Defendant’s Motion to Exonerate Bond and Discharge of Liability will be heard on the
`m.
`, 2017 at
`The Clerk of the court is Ordered to notify all parties.
`Monica Garcia, Assistant District Attorney, 100 North Closner, Edinburg, Texas 78539
`Rene A. Anzaldua, Anzaldua Bail Bonds, PO. Box 2658, Edinburg, Texas 78540
`
`cc:
`
`cc:
`
`SIGNED on this
`
`day of
`
`, 2017.
`
`JUDGE PRESIDING
`
`

`

`CAUSE NO./
`District Court/ HIDALGO COUNTY, TEXAS
`
`County Court At Lawft
`on
`
`KNOW ALL MEN BYTHESE PRESENTS:
`GU'E‘I 51134;,
`int; ti
`as principal, and Anzaidua Bail fiends and
`new i.»
`THAT
`as Sureties, are held and firmly bound unto the State Of Texas in the penal sum of
`)Dollars, for the payment of which sum, well and truly to be made, and all additional fees and expenses that may be incurred by Peace Otficers
`1 I 0 t C - U 0
`”“1 *"l"”1¥‘; I ”Hum
`"5x
`($
`in rearresting principal in the event he fails to appear before the court of magistrate issued in the hour at the time stated therein
`THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that whereas the above named principal
`of Hidalgo County. Texas with the oflenseWanor or
`stand charged by “hm l‘r‘ldvl‘
`duly field in the ___£'j U‘ t 12:13 Mi CCU 5“}
`IS‘YOZIC.) 1 L)
`_/
`'
`t‘idILi‘J
`i ' O U 0 ' O U
`VIL‘iG
`Li
`FelonyTowit:
`And Whereas. the above named principal was, by ordegfpbsaid Magistratet‘arid Court, required to give bail in the sum of S
`Of Hidalgo County, Texas.
`“k" ’ “AL“ LN“
`er beiore the
`‘3‘” 1‘ L
`..
`for his personal appearance ins
`fl _
`shall well and truly make his personal Appearance or at its next regular term it now in vacation,
`NOW if the said
`to be held at EDINBURG in HIDALGO county, in the city of EDlNBURG, Texas, and further, shall well and truly make his personal appearance before said Court in all
`proceedings that may be held relative to the said charge in the course of the criminal action based on said charge, and there remain form day to day and from term to term
`of said court, until discharged by due course of law, then and there to answer said accusation against him, this obligation shall become void; otherwise to remain in full force
`and effect, but in no event shall the sureties be bound after such time as the defendant receives and order of deterred adjudication or is acquitted, sentenced, placed on
`community supervision, or dismissed from the charge.
`
`\
`
`,
`
`..
`
`ANZALDUA BAIL BONDS, Co.
`£UOU I
`”°'
`Bond Cot Spn# _____f———
`
`1 5377 4‘
`CAUSE no.
`Justice Of the Peace Pct.
`Municipal Court City or
`Hidalgo County, Texas
`
`"l ~ ”L ‘H
`
`Ffl.
`
`AGENCY
`CASE#
`Trn#
`P|D#
`S/O File#
`
`J “1 7 3 I" ”1 5”
`
`Taken and Approved this
`By
`
`CCHJBER
`
`"1 day of
`A
`(Deten ofiProoes/sinoae’ty/
`
`, 20 1 b
`
`H
`
`‘
`
`,,
`
`.
`.
`PrinCTpai
`956—4130—‘347'3
`i c
`5 0
`
`A
`
`‘ "“' "“ ‘“ "
`it] e ,5 3' . ‘r, ,
`
`(Mailing Address)
`rfhys'c‘ag‘ “jugs?
`
`_
`
`r,»
`
`V
`
`Race
`Hair
`
`(City, State, and Zip Code)
`t
`L
`
`Sex
`Eyes
`
`,
`
`2’ W”
`
`'1‘
`
`,
`
`y
`
`Approved term by Hidalgo County BB. 3-500
`
`Subscribed and sworn to beiore me this
`
`/
`
`(Signature)
`y
`Da ot/ ’
`7‘
`
`p
`
`tr
`.3“
`
`/ fl AD. 20
`
`1 6
`
`.
`ublic
`
`V
`
`.
`
`’//;
`, ’Nfi/ '/ fig I
`P 0 ANZASLBUA BAlé. BONDS
`. Box 26 8 12409 all Bond Drive
`Edinburg, Texas 78540
`(956)383-4646
`(The Only Two Story Building Next To The Hidalgo County Jail)
`\ -
`140
`:: I
`J 4
`{
`fidlwéflgfifi BM)
`
`.
`
`FOB
`
`Exp:
`
`or
`
`/
`
`01
`
`/
`
`State
`Eitii 9 T N
`
`HT
`
`SSt:
`
`,
`
`.
`
`Vifl
`
`-
`
`”‘3‘“
`Lie # 900772
`OATH 0E SURETIES
`THE STATE OF TEXAS
`COUNTY OF HIDALGO
`“ “
`”T “ ' “
`AT WE ARE WORTH IN OUR RIGHT,
`. DO SWEAR
`We, each oi us, Anzaldua BailfiBflor‘tds, 5-133 ,
`DOLLARS, alter deducting from our property all
`'
`AT LEAST THE SUM OF
`that which is exempt by the Constitution Laws of the State Of Texas from forced sale, and after satisfying all encumbrances upon our property which are known to
`us; and that we reside inthepountry‘ot HIDALGO in the STATE OF TEXAS liable to executiodiLlfvorbh‘U
`,1, I V
`.(.1A\J\!.I;‘.‘ .r: A;
`.L WU
`3
`SUM OF
`THE SAID
`OOSURETY
`SUM OF
`THE SAID
`
`

`

`BEFORE FORFEITURE
`AFFIDAVIT OF SURETY
`VERIFICATION OF INCARCERATION
`CIVIL CAUSE NO. 158774
`THE STATE OF TEXAS
`‘1 6 —1 2 2 § 5 —F
`CRIMINAL CAUSE CR-
`CHARGE: DRIVING WHILE INTOXICATED
`VS.
`BOND CO. SPN #: 900772
`S/O FILE#: K-025-16
`MARISOL GUTIERREZ
`Principal
`BEFORE ME, PERSONALLY APPEARED RENE A. ANZALDUA, BEING FIRST DULY SWORN UPON OATH, AND
`STATES THE FOLLOWING:
`MY NAME IS RENE A. ANZALDUA, DOING BUSINESS AS ANZALDUA BAIL BONDS AND I AM THE AGENT/
`SURETY ON THE BOND OF DEFENDANT, MARISOL GUTIERREZ D O B: 12-24-76 IN CAUSE/CASE NO.
`CR- 16—12256-F
`I Cir, 2016 I HAVE VERIFIED THAT THE ABOVE NAMED DEFENDANT IS
`y‘DAY OF
`ON THE
`INCARCERATED AND IN THE CUSTODY OF HIDALGO COUNTY SHERIFFS DEPT, 711 E. EL CIBOLO RD,
`EDINBURG. TX. 78542 PHONE: 956-383-8114 IN THE COUNTY OF HIDALGO IN THE STATE OF TEXAS.
`SURETY DESIRES TO SURRENDER PRINCIPAL T.C.C.P. 17:16 BEFORE FORFEITURE AND
`BE ABSOLVED OF LIABILITY ON SAID BOND,
`72mg. [(1
`AFFIANT
`SW9? To AND SUBWBED 1;) BEFORE ME BY RENE A. ANZALDUA ON THIS
`(AIM fl”
`I"
`DAY OF
`
`THE
`
`2016.
`
`My Commission Expires
`
`LEONARDO GARZA
`My Commisslon Expire
`July 5. 2018
`
`44>
`
`/—4‘/
`
`NOTARY PUBLIC
`THE STATE OF TE 0 '
`
`,
`
`VERIFICATION BY SHERIFF’S DEPARTMENT
`’
`. SO# 3% [£2
`HAVE VERIFIED THAT THE DEFENDANT % :2 fig: DOB: 42 '21, 24
`ON THIS THE 51% DAY OF
`,2_0_1_6, ATa9_0/_(gm4pm)1
`S IN THE CUST DY OF
`LGO AN IN THE STATE OF
`. TY F HI
`TEXASI CERTIFY THAT I PERSONALLY MADE CONTACT WITH 0 (1/
`HIDALGO COUNTY SHERIFFS DEFT. PHONE: 956-383-8114, IN THE CO
`, WHO IS EMPLOYED WITH
`n1
`HIDALGO COUNTY SHERIFFS DEPT. PHONE: 956-383~81 14 AND VERlFIED THAT THE DEFENDANT IS IN THEIR
`CUSTODY
`
`'
`
`.
`
`BY: Bon Clerk/ Detention Officer F“
`
`HIDALGUCOUNTY SHERIFF
`. 2016, AT
`SO#
`DAY OF
`(am/pm)1
`ON THIS THE
`WHO IS EMPLOYED WITH HIDALGO COUNTY SHERIFFS DEPT.
`MADE CONTACT WITH
`PHONE: 956-383-8114 AND WAS TOLD THAT THE ABOVE NAMED DEFENDANT IS NOT IN THEIR CUSTODY.
`
`é/fl 1.
`
`[/73m
`
`'
`
`