Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Faccio

Court of Appeals of Ohio, Fifth District, Richland

December 2, 2019

STATE OF OHIO, Plaintiff - Appellee
v.
LUIS FACCIO, JR., Defendant. And A 1 BONDS, LLC, Defendant-Appellant

          Appeal from the Richland County Court of Common Pleas, Case No. 2017CR0703

          For Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland County By: JOSEPH C. SNYDER Assistant Prosecuting Attorney

          For Defendant-Appellant MICHAEL J. KINLIN

          JUDGES: Hon. W. Scott Gwin, P.J., Hon. Craig R. Baldwin, J., Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Appellant A1 Bonds, LLC appeals from the January 24, 2019 and February 15, 2019 Judgment Entries of the Richland County Court of Common Pleas.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On November 13, 2017, defendant Luis N. Faccio, Jr. (hereinafter "defendant') was indicted on three counts of felonious assault in violation of R.C. 2903.11(A)(1), felonies of the second degree, three counts of aggravated assault in violation of R.C. 2903.12(A)(1), felonies of the fourth degree, and one count of domestic violence in violation of R.C. 2919.25(B), a misdemeanor of the first degree. At his arraignment on November 21, 2017, defendant entered a plea of not guilty to the charges. A hearing on his motion for a bond hearing was held before a Magistrate on November 29, 2017 and December 4, 2017. The Magistrate, in a Decision filed on December 8, 2017, recommended that defendant's bond, which had been set in the sum of $100, 000.00 cash and personal recognizance, be returned[1] to the sum of $30, 000.00 cash plus personal recognizance. The trial court, on December 27, 2017, adopted the Magistrate's Decision as the order of the court.

         {¶3} Thereafter, on December 27, 2017, appellant posted bond for defendant in the amount of $30, 000.00 and defendant was released from jail. After defendant failed to appear at his final pretrial on March 21, 2018, his bond was revoked and a warrant was issued for his arrest.

         {¶4} On April 6, 2018, appellee State of Ohio filed a motion seeking forfeiture of defendant's bond. The trial court, via a Judgment Entry filed on April 17, 2018, ordered that defendant's bond was forfeited in court on April 16, 2018 after defendant failed to appear for his April 2, 2018 jury trial or "otherwise failed to comply with the conditions of defendant's $30, 000 surety and PR." An oral evidentiary hearing on the bond forfeiture was held on June 11, 2018 before a Magistrate. At the hearing, appellant requested additional time to locate defendant.

         {¶5} The Magistrate, in a Decision, filed on June 14, 2018, recommended that judgment be entered against appellant in the amount of $30, 000.00. The Magistrate, in his Decision, found, in relevant part, as follows:

         {¶6} 5. Pursuant to R.C. 2937.36(C) surety, A-1 Bonding was notified that judgment would be entered against the bonding agency unless it produced the body of defendant… at the 6-11-18 hearing.

         {¶7} 6. Surety A-1 Bonding failed to produce Mr. Faccio at that hearing and he is still at large.

         {¶8} 7. The bonding company requested a 90 day stay/continuance in order to locate Mr. Faccio Jr. but admitted it had no new active leads or addresses for him. Two to three weeks ago, defendant Faccio escaped from 2 bounty hunters and five to six police officers in Solon, Ohio. The bonding company believes he is selling drugs in Cleveland from "word on the street." The bonding company believes ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.