State v. Johnson

Hunt, Justice.

The state appeals the trial court’s order declaring OCGA § 17-6-72 (f) (1987 and 1989), the former surety remission statute1 unconstitutional on its face and as applied under the due process clauses of the federal and state constitutions. We affirm in part and reverse in part.

Mrs. Johnson, who was indigent, posted a $15,000 property bond for her granddaughter, who was arrested for violating the Georgia Controlled Substances Act. The bond was forfeited when the granddaughter failed to appear for her arraignment. Neither Mrs. Johnson nor her granddaughter appeared at the execution…