FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE Nos. 16CR093186 16CR093187
APPEARANCES: PATRICK L. CUSMA, Attorney at Law, for
P. WILL, Prosecuting Attorney, and MATTHEW A. KERN and
RICHARD A. GRONSKY, Assistant Prosecuting Attorneys, for
DECISION AND JOURNAL ENTRY
S. CALLAHAN, Judge
Appellant, Sly Bail Bonds, appeals from the December 15, 2016
judgment entry of the Lorain County Court of Common Pleas
denying its motion to release surety and forfeiting the bond
in two criminal cases. For the reasons set forth below, this
Defendant, Jermont Wade, was indicted for nonsupport of
dependents and an arrest warrant was issued in two separate
cases (16CR093186 and 16CR093187). Upon his arrest, Mr.
Wade's bond was set at $3, 000 personal recognizance and
$3, 000 cash in each case. After his arraignment, Mr. Wade
and Sly Bail Bonds signed a recognizance and Sly Bail Bonds
posted $3, 000 as surety in each case.
When Mr. Wade failed to appear for a pretrial, the trial
court revoked and forfeited the bond in each case and issued
a capias for his arrest. The trial court then scheduled a
hearing to show cause why the bond should not be forfeited.
Two days prior to the bond forfeiture hearing, Mr. Wade was
arrested and the show cause hearing on the bond forfeiture
was vacated. At a pretrial, Mr. Wade pled guilty in both
cases. The trial court reinstated the original bond in both
cases and Mr. Wade was released pending sentencing.
Twelve days later, on August 8, 2016, Sly Bail Bonds filed
two nearly identical motions to release surety in Case No.
16CR093187. No such motion was filed in Case No. 16CR093186.
Mr. Wade failed to appear for the sentencing hearing. Again,
the trial court revoked and forfeited the bond, issued a
capias for Mr. Wade's arrest, and scheduled a show cause
hearing on the bond forfeiture in both cases. In response to
the notice of the bond forfeiture hearing, Sly Bail Bonds
filed motions in both cases to 1) vacate the bond forfeiture
arising from Mr. Wade's failure to appear at sentencing,
2) compel the trial court to rule on the August 8, 2016
motion to release surety, and 3) discharge the bond.
Appellee, the State, filed a brief in opposition to Sly Bail
Bonds' August 8, 2016 motion to release surety.
The trial court held a hearing on the show cause bond
forfeiture and Sly Bail Bonds' August 8, 2016 motion to
release surety. Mr. Wade did not appear at the hearing. Both
sides made arguments, but no evidence was presented. The
trial court entered judgment against Sly Bail Bonds for the
$3, 000 surety in each case. It is from this judgment that
Sly Bail Bonds appeals, raising two assignments of error.