Osborne Bonding & Surety Co. ex rel. Castaneda v. State

Beasley, Judge.

An indictment charged Castaneda with various theft offenses. He executed a $25,000 appearance bond as principal with Osborne Bonding & Surety Company as surety but failed to appear for arraignment. The court declared the bond forfeited and, following an execution hearing, entered final judgment. About 40 days later, the authorities in the same county acquired custody of Castaneda. Osborne appeals an order holding that Osborne is not entitled to a reduction of the bond amount. Osborne, which had not yet paid the judgment, invokes OCGA § 17-6-72 (d) (1) and (d) (3).

As amended in…