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State v. Johnson

Court of Appeals of Ohio, Ninth District, Lorain

January 13, 2020

STATE OF OHIO Appellee
v.
TYSHAWN JOHNSON Defendant and CHUCK BROWN II BAIL BONDS Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE NO. 17CR096698

          MICHAEL J. KINLIN, ATTORNEY AT LAW, FOR APPELLANT.

          DENNIS P. WILL, PROSECUTING ATTORNEY, AND DANIELLELA BEARDEN, ASSISTANT PROSECUTING ATTORNEY, FOR APPELLEE.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER JUDGE.

         {¶1} Appellant-Surety, Chuck Brown II Bail Bonds ("Chuck Brown") appeals the judgment of the Lorain County Court of Common Pleas granting in part and denying in part its motion for remission of bail bond forfeiture. For the reasons that follow, we affirm.

         I.

         {¶2} On September 20, 2016, a complaint was filed against Tyshawn Johnson in the Lorain Municipal Court charging him with one count of felonious assault in violation of R.C. 2903.11(A)(1), a felony of the second degree, and one count of domestic violence in violation of R.C. 2919.25(A), a felony of the third degree, and a capias was issued. Johnson was eventually arrested July 27, 2017. The Lorain Municipal Court set Johnson's bond at $20, 000.00 cash and the matter was bound over to the Lorain Court of Common Pleas on August 4, 2017. That same day, Chuck Brown posted a $20, 000.00 surety bond on Johnson's behalf and Johnson was released on recognizance. The Lorain County Grand Jury subsequently filed an indictment against Johnson charging him with the same violations listed in the original complaint. Johnson appeared for his arraignment and entered a plea of not guilty. The matter then proceeded through the pretrial process until November 8, 2017, when Johnson failed to appear for a final pretrial as ordered.

         {¶3} In a journal entry filed November 8, 2017, the trial court issued a capias for Johnson's arrest and ordered his "[b]ond revoked and forfeited." The court ordered the clerk to notify Johnson and Chuck Brown of the bond revocation and forfeiture and ordered Chuck Brown to appear on January 3, 2018, and show cause why judgment should not be entered against it for the $20, 000.00 penalty stated in the recognizance.

         {¶4} Johnson was arrested pursuant to the capias on November 17, 2017. That same day, Johnson was transported to the hospital for a medical emergency pursuant to the trial court's verbal medical furlough, and was admitted to the hospital. At some point, Johnson walked out of the hospital. On November 20, 2017, the trial court issued another capias for Johnson's arrest and ordered that upon his arrest he be held without bond until further order of the court.

         {¶5} On January 3, 2018, Chuck Brown did not appear for the show cause hearing. However, upon request of Chuck Brown via telephone, the trial court continued the show cause hearing until January 10, 2018. Chuck Brown then filed a motion to continue the show cause hearing for an additional sixty days. The trial court granted the motion and continued the matter until March 7, 2018. On February 28, 2018, Chuck Brown filed a motion to surrender bond, remit bond power, and for relief from liability.

         {¶6} Chuck Brown failed to appear for the March 7, 2018 show cause hearing. Upon request of Chuck Brown via telephone, the trial court continued the show cause hearing to March 21, 2018. However, on March 21, 2018, Chuck Brown again failed to appear for the show cause hearing. In an entry dated March 21, 2018, and filed March 22, 2018, the trial court denied Chuck Brown's motion to surrender bond, remit bond power, and for relief from liability. The trial court noted that Johnson was still a fugitive and thereafter entered judgment against Chuck Brown for the full $20, 000.00 bond and ordered Chuck Brown to pay the bond to the Lorain County Clerk of Courts forthwith.

         {¶7} On March 30, 2018, Chuck Brown filed a motion to stay the execution of the bond judgment pending defendant's return, stating that Chuck Brown had commenced all reasonable efforts at its expense in apprehending Johnson and that Chuck Brown had become aware that Johnson was being held by the Cuyahoga County Jail. The trial court scheduled a hearing for the motion to stay on May 16, 2018. Nonetheless, Chuck Brown again failed to appear for the hearing. In an order dated May 16, 2018, and filed May 17, 2018, the trial court denied Chuck Brown's motion to stay execution and ordered Chuck Brown to pay the judgment issued on March 21, 2018 forthwith.

         {¶8} On June 27, 2018, Chuck Brown filed a motion to vacate the judgment and be relieved of liability. The trial court scheduled a hearing for July 18, 2018. Following the hearing, the trial court denied Chuck Brown's motion in a journal entry filed July 19, 2018.

         {¶9} On September 14, 2018, Chuck Brown filed a motion for remission, requesting the trial court grant a full remission of the bond. Following a hearing on December 5, 2018, the trial court granted Chuck Brown's motion ...


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