State v. ANYTIME BAIL BONDING, INC.

Andrews, Presiding Judge.

The State of Georgia brings this appeal from a trial court’s order setting aside the forfeiture of a bond posted by the surety Anytime Bail Bonding, Inc. The State argues that the trial court abused its discretion when it found that the surety acted with due diligence in its investigation of the principal’s identity. We disagree and therefore affirm.

OCGA § 17-6-31 (d) (2) provides:

[A] surety may be released from liability at the discretion of the court if:

(A) The principal used a false name when he or she was bound over and committed to jail or a correctional…