State v. Kenning

KLIEBERT, Judge.

This is a commercial surety’s appeal of a trial court judgment refusing to annul a judgment based on a bond forfeiture. For the following reasons, we annul and set aside the judgment and remand the case for an evidentiary hearing.

The defendant, Christopher Kenning, was charged by bill of information with possession of LSD with intent to distribute, in violation of LSA-R.S. 40:966. After defendant’s arrest, American Bankers Insurance Company of Florida (American Bankers), a commercial surety and the appellant herein, posted a $50,000.00 appearance bond on the defendant’s…