Liberty Bail Bonds and Legal Services, LLC v. State
| Docket Number: | 2010-CA-00975-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Roberts, J. Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: Forfeiture of bond - Discharged as surety - Section 99-5-1 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Forfeiture Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 06-07-2010 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: DENIED MOTION TO SET ASIDE FORFEITURE District Attorney: Michael Guest Case Number: 20381 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Liberty Bail Bonds and Legal Services, LLC |
MERRIDA COXWELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Forfeiture of bond - Discharged as surety - Section 99-5-1 |
| Summary of the Facts: | Liberty Bail Bonds and Legal Services posted a $25,000 bond for Joshua Williams’s appearance in a criminal matter in the Rankin County Circuit Court. Williams eventually pleaded guilty to armed robbery and was sentenced to fifteen years, with ten years suspended. At the conclusion of the plea hearing, Williams asked to be allowed to surrender himself the following Monday to begin the service of his sentence. The State did not oppose the request, and the circuit court granted it. Instead of surrendering himself, Williams absconded. The circuit court ultimately ordered his bond forfeited. Liberty appeals. |
| Summary of Opinion Analysis: | Liberty argues that it was discharged by law as the surety after Williams was convicted and sentenced. The Mississippi Constitution guarantees bail only prior to conviction. After a defendant is adjudicated guilty, whether it be by a jury trial or by the entry of a guilty plea, he should be remanded to the sheriff’s custody. If the trial court intends to release the defendant pending sentencing, the court would be well advised to require a separate appearance bond for the sentencing hearing. If the court wishes for the defendant to remain on his present bond, it should notify the surety and secure an on-the-record acceptance of that additional responsibility before releasing the defendant from the sheriff’s custody. In this case Williams was both convicted and sentenced by the circuit court prior to his release. The appearance bond, which tracks the language of section 99-5-1, states that Liberty would “pay . . . unless [Williams] shall appear before the Circuit Court of Rankin County . . . and . . . remain . . . until discharged by law . . . .” Thus, a surety on a pretrial appearance bond is discharged by law when the defendant is adjudicated guilty and sentenced. Williams was “discharged by law” when the circuit court accepted his guilty plea and pronounced sentence. So, by the appearance bond’s own terms, the bondsman’s obligation was fulfilled when Williams was sentenced. |
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