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State v. Wade

Court of Appeals of Ohio, Ninth District, Lorain

June 25, 2018

STATE OF OHIO Appellee
v.
JERMONT WADE Defendant and SLY BAIL BONDS Appellant

          APPEAL 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 Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and MATTHEW A. KERN and RICHARD A. GRONSKY, Assistant Prosecuting Attorneys, for Appellee.

          DECISION AND JOURNAL ENTRY

          LYNNE S. CALLAHAN, Judge

         {¶1} 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 Court affirms.

         I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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.

         II.

         ASSIGNMENT ...


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