People v. Smith

TURSI, Judge.

Surety, Michael Gray, as an agent of a corporate surety company, appeals the trial court order forfeiting his bond posted to secure bail for defendant. We reverse.

The surety secured a $400 bail bond for a misdemeanor charge of driving under the influence pending against defendant in Douglas County Court. Defendant was present at the next appearance date when, as a result of the same criminal episode, he was informed that an additional charge of driving after judgment prohibited, a felony, which carries a mandatory prison sentence, was being filed. The county court then set bond…