State v. Wilson

202 S.W.3d 665, 2006 Mo. App. LEXIS 1205, 2006 WL 2345887
Missouri Court of Appeals·Decided August 15, 2006·No. No. WD 65435·Published·Cited by 1 cases

Opinion

VICTOR C. HOWARD, Presiding Judge.

L & C Investment Group, Inc. (“L & C”) appeals the judgment of the circuit court of Buchanan County forfeiting a $100,000 [667]*667bond it guaranteed for the appearance of Mark Anthony Wilson in a criminal case of drug trafficking. L & C contends that its obligation under the bond was satisfied when Wilson appeared for a plea agreement, and that the circuit court’s stay of execution for 30 days of Wilson’s nine-year sentence, upon the end of which Wilson failed to turn himself in to the law enforcement center, was an unagreed-upon modification of their bond contract under which they had no obligation.

Wilson was charged with the class B felony of drug trafficking in the second degree on April 1, 2004. Bond was set at $100,000 on April 29, 2004. On August 25, 2004, Wilson posted a surety bond through L & C, doing business as Bada Bing Bail Bonds. The conditions of the bond required Wilson to “attend all court hearings as set by this court or any court to which this case is transferred or appealed,” and to “submit to any orders, judgments and sentence of this court or any court hearing this case.”1 On September 13, 2004, Wilson and his attorney appeared in the circuit court to enter into a plea agreement on the charge. L & C did not appear at the hearing. Wilson entered a guilty plea agreeing to the State’s sentence recommendation of nine years incarceration in the Missouri Department of Corrections. The circuit court agreed to a stay of execution of Wilson’s sentence until October 14, 2004, with the bond to remain in effect. At the hearing, the judge said:

The Court: At 9:00 a.m. [on October 14, 2004] you’ll be ordered to surrender yourself at the law enforcement center to begin the nine-year sentence in the Department of Corrections.
Now, you’ll remain on bond. If your bonding company surrenders you on the bond or somehow says, “We’re not going to keep you on the bond,” then that will end. Do you understand that?
Wilson: Yes, sir.
The Court: So you’re released on a stay of execution subject to being on the bond that you previously posted a few weeks ago.
Wilson: Okay.
The Court: And sometimes I’ve had experience where bonding companies just come in and say they want off the bond. And if they do, then you’re going to go in early. You understand that?
Wilson: Yes, sir.

Wilson failed to appear at the Buchanan County Law Enforcement Center on October 14, 2004, to begin serving his sentence. It was not until over a year later, on November 30, 2005, that Wilson was arrested and taken to the Department of Corrections.

The State of Missouri filed a Motion for Final Judgment of Default and Application for Writ of Scire Facias on November 30, 2004, to move for judgment of default on Wilson’s recognizance, and forfeiture of the bond. On January 26, 2005, notice of the hearing on the motion was mailed to Wilson’s address and to L & C. The circuit court heard the motion on February 28, 2005, and entered judgment on March 3, 2005, ordering forfeiture of the bond. L & C filed a motion to set aside the judgment of default on March 28, 2005, which was denied by the court in a hearing on April 29, 2005. L & C filed a notice of appeal on May 10, 2005.

In its first point, L & C contends that the circuit court erred in ordering forfeiture of the bond because them obli[668]*668gation under the terms of the bond agreement ended when Wilson was present for sentencing on September 13, 2004, and that it had no further obligation to secure his appearance at the law enforcement center after execution of sentence was delayed. L & C argues that the “Power of Attorney” given to their agent was limited to an appearance bond.2 L & C also argues that the court’s grant of allowing Wilson to remain free after sentencing increased the risk to it as the surety and was a condition to which it did not agree. L & C asks this court to determine when a surety’s obligation ends. L & C makes no objection that the proceedings of the bond forfeiture were in any way improper.

Our review of an order denying a motion to set aside a judgment is governed by our deference to the sound discretion of the trial court, and we will affirm the decision “unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law.” State v. Siemens, 12 S.W.3d 776, 779 (Mo.App. W.D.2000). An action for forfeiture of a bond is civil in nature and is, in essence, an action “to enforce the surety’s contract with the State, executed by the former when the recognizance was entered into.” State v. Haverstick, 326 S.W.2d 92, 98 (Mo.1959) (citation omitted). Thus, principles of law relating to contracts apply. Id.

The purpose of the law allowing a surety to post bond for a defendant is to assure the defendant’s appearance. State v. Echols, 850 S.W.2d 344, 346 (Mo. banc 1993). The history of this law was stated by the Missouri Supreme Court:

At common law, bail bonds carry with them a stringent degree of responsibility by the one posting the bond. The strict theory in the thirteenth century was that all chattels of the sureties were at the king’s mercy, and those who put up bail were liable to render their own bodies to jail. This harsh practice was alleviated by the practice of having the court assess a financial penalty if the surety did not produce the prisoner. From this, the concept of forfeiture of bail bonds was developed as a financial penalty assessed against the surety if he failed to produce the defendant. In short, in a bond with a surety, the responsibility for insuring the defendant’s appearance is on the surety.

Id. “Sureties know and solemnly contract that the defendant shall appear and abide the orders of the court and in the event of his default are bound by their obligation.” State v. Hinojosa, 364 Mo. 1039, 271 S.W.2d 522, 524 (1954).

The court may release a defendant from custody under a number of circumstances.

Rule 33.01 and § 544.455 [RSMo] allow the court to release a defendant charged with a bailable offense pending trial and later during appeal. The release is required to be made upon condition that the accused shall appear in any court in which the case is prosecuted as required and that he will submit to the order, judgment and sentence of the court.... No authority is cited which requires the court to terminate a bond once a verdict has been returned. Cer[669]*669tainly under Rule 33.01 and § 544.455.1 the court had authority to allow [the defendant] to remain free on bond after the verdict was received and before sentencing.

Echols, 850 S.W.2d at 348. Furthermore, Rule 33.06 permits the court to modify conditions for release on bond after conviction. Id.

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State v. Wilson, 202 S.W.3d 665, 2006 Mo. App. LEXIS 1205, 2006 WL 2345887 (Mo. Ct. App. 2006).

202 S.W.3d 665 (State v. Wilson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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