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State v. Kerrison

Supreme Court of Louisiana
Oct 17, 1997
701 So. 2d 1347 (La. 1997)

Opinion

No. 97-C-1759

October 17, 1997

IN RE: Accredited Surety Cas.; Accredited Bonding; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number CA96 0638; Parish of East Baton Rouge 19th Judicial District Court Div. "N" Number 02-95-1419


Granted. See per curiam.

JTK

PFC

WFM

HTL

BJJ

JPV

CDT

KIMBALL, J. not on panel.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE


The issue in this case is whether a surety's bond may be forfeited under La.R.S. 15:85 when an officer charged with the detention of a defendant refused to accept a surety's surrender of that defendant.

The surety involved in the instant matter, Accredited Surety and Casualty (Accredited), posted an appearance bond for $2000 after the defendant was arrested for a second offense DWI. When Accredited learned that the defendant had left the jurisdiction of the court, Accredited attempted to surrender the defendant to the officer charged with his detention at the East Baton Rouge jail in compliance with La. Code Crim.P. art. 345. However, the officer refused to accept the surrendered defendant. Thereafter, the trial court denied Accredited's motion to discharge the surety and subsequently rendered a judgment of bond forfeiture after the defendant failed to appear at trial. In a two-one unpublished opinion, with one judge dissenting, the court of appeal affirmed the judgment of bond forfeiture. We agree with Judge Carter's dissenting opinion.

By the unambiguous language of La. Code Crim.P. art. 345, which governs the surrender of defendants, it is clear that an officer charged with the detention of a defendant has no discretion to refuse to accept a surety's lawful surrender of that defendant. Article 345 (A) provides for surrender " at any time prior to forfeiture. . . . Upon surrender of the defendant, the officer shall detain the defendant in his custody . . . and shall acknowledge the surrender by a certificate. . . . Thereafter the surety shall be fully and finally discharged." (Emphasis added.) It is evident that the article does not contemplate an officer's refusal to accept surrender. Therefore, we agree with the majority of the court of appeal insofar as it recognized that "it was error for the sheriff to refuse to accept the prisoner when the surety attempted to surrender him in accord with La.C.Cr.P art. 345." We cannot, however, support the court of appeal's judgment affirming the forfeiture of the surety's bond for reasons expressed below.

This Court, in State v. Wheeler, 508 So.2d 1384 (La. 1987), recognized that La.C.Cr.P. art. 345 and La.R.S. 15:85 are not two separate and independent provisions regarding the rights of the surety with respect to bond forfeitures. Instead, they must be considered together in the context of each other.

Wheeler cited to La.C.Cr.P. art. 338 regarding the surrender of the defendant, which was replaced by the current La. C.Cr.P. art. 345.

La.R.S. 15:85 provides for bond forfeiture; however, such forfeitures are disfavored in the law. State v. Breaux, 94-1562, 94-1553 (La.App. 3 Cir. 5/31/95), 657 So.2d 371; State v. Sanford, 634 So.2d 1221 (La.App. 1 Cir. 1993). For that reason, forfeitures may only be granted when the State has strictly complied with the requirements of La.R.S. 15:85. State v. DeLaRose, 391 So.2d 842 (La. 1980); State v. Batiste, 94-1237 (La.App. 3 Cir. 4/5/95), 653 So.2d 127; State v. Richardson, 633 So.2d 704 (La.App. 1 Cir. 1993). Reading La.R.S. 15:85 in conjunction with C.Cr.P. art. 345, we conclude that in circumstances where the lawful surrender of a defendant is refused, the State may not claim satisfaction of its requirements under La.R.S. 15:85 to effectuate bond forfeiture when the refused defendant subsequently fails to appear at trial. The courts below erred in concluding that bond forfeiture in the instant matter was valid.

DECREE

For the foregoing reasons, the judgment of the court of appeal is reversed.

REVERSED.


Summaries of

State v. Kerrison

Supreme Court of Louisiana
Oct 17, 1997
701 So. 2d 1347 (La. 1997)
Case details for

State v. Kerrison

Case Details

Full title:STATE OF LOUISIANA vs. STEVEN H. KERRISON

Court:Supreme Court of Louisiana

Date published: Oct 17, 1997

Citations

701 So. 2d 1347 (La. 1997)

Citing Cases

State v. Johnson

These provisions must be read together to determine the rights of a surety with respect to bond forfeitures.…