In Garcia v. State, 2009 WL 855988 (Tex.App. - San Antonio April 1, 2009) the surety was the defendant's attorney. After the bond was posted, the defendant was indicted on the same charges, but with an enhanced penalty as a repeat offender, and the original case was dismissed. The defendant pled guilty in return for the State dropping the repeat offender paragraph and recommending a lower sentence. The defendant failed to appear for sentencing, and the court forfeited the bond. The Court of Appeals held that the indictment was effectively the same charge growing out of the same underlying facts and not a variance that discharged the bond. All that changed was the case number and the repeat offender allegation. The surety was not prejudiced by addition of the repeat offender allegation because by the time the defendant failed to appear it had been dropped as part of the plea agreement. Pursuant to Tex. Code Crim. Proc. art. 17.09 the bond remained in force for later proceedings on the same charge, and the Court found the indictment was the same charge. The Court also held that under the facts of this case, the trial court could take judicial notice of the bond.