State v. Landry

JiLANDRIEU, Judge.

We grant Bankers’s application for rehearing.

Our original conclusion that Bankers received notice of the October 24th hearing through the Secretary of State pursuant to La.Rev.Stat. 22:985 is incorrect.

Although valid notice to a surety of a defendant’s required appearance may be given by subpoena through the Secretary of State, there must be evidence in the record that the subpoena was actually served, mailed or otherwise transmitted to the surety. The record in this case contains no such proof.

Contrary to In re Bond Forfeitures Against Indiana Lumbermens Mut. Ins. Co. in…