State v. Lombard

Supreme Court of Louisiana

State v. Lombard

619 So. 2d 37, 1993 WL 173467

CourtSupreme Court of Louisiana

DecidedMay 21, 1993

DocketNo. 93-C-0731

StatusPublished

This text of 619 So. 2d 37 (State v. Lombard) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Lombard, 619 So. 2d 37, 1993 WL 173467 (La. 1993).

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Opinion

PER CURIAM.

LSA-R.S. 15:84(A)(3) provides two alternative grounds for setting aside a judgment of bond forfeiture before a juvenile court, viz., (1) surrender of the defendant, and (2) appearance of the defendant under other circumstances. In the latter case, the accused and his surety are penalized to the extent that as a predicate to the annulling of the forfeiture of the bond the accused must not only appear but must also be tried or the preliminary examination be held. There is, however, no predicate to annulling a judgment of bond forfeiture in case of surrender. LSA-R.S. 15:84. Cf., State v. Sandoz, 246 So.2d 21 (La.1971). See also State v. Williams, 37 La.Ann. 200 (La.1885). Consequently, the lower courts erred in denying the surety’s motion to set aside the judgment of bond forfeiture when the surety offered and surrendered the defendant to the court before the collection of the appearance bond.

Accordingly, the application is granted. The Fourth Circuit Court of Appeal’s decision affirming the trial court’s refusal to set aside the judgment of forfeiture is vacated. The case is remanded to the trial court with an order directing that court to set aside the judgment of forfeiture.

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PER CURIAM.

LSA-R.S. 15:84(A)(3) provides two alternative grounds for setting aside a judgment of bond forfeiture before a juvenile court, viz., (1) surrender of the defendant, and (2) appearance of the defendant under other circumstances. In the latter case, the accused and his surety are penalized to the extent that as a predicate to the annulling of the forfeiture of the bond the accused must not only appear but must also be tried or the preliminary examination be held. There is, however, no predicate to annulling a judgment of bond forfeiture in case of surrender. LSA-R.S. 15:84. Cf., State v. Sandoz, 246 So.2d 21 (La.1971). See also State v. Williams, 37 La.Ann. 200 (La.1885). Consequently, the lower courts erred in denying the surety’s motion to set aside the judgment of bond forfeiture when the surety offered and surrendered the defendant to the court before the collection of the appearance bond.

Accordingly, the application is granted. The Fourth Circuit Court of Appeal’s decision affirming the trial court’s refusal to set aside the judgment of forfeiture is vacated. The case is remanded to the trial court with an order directing that court to set aside the judgment of forfeiture.

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Bluebook (online)

619 So. 2d 37, 1993 WL 173467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lombard-la-1993.

Opinion

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