State v. Harrison

MARVIN, Chief Judge.

In this appeal by the commercial surety on an appearance bond, we reverse a judgment denying the surety’s motion to set aside a judgment of bond forfeiture that was rendered when the defendant failed to appear for sentencing after pleading guilty to a drug charge.

The surety claims the trial court should have annulled the forfeiture judgment on several grounds, including the state’s failure to give the surety or its agent notice of the sentencing date, which the surety claims was required under CCrP Art. 337 before forfeiting the bond.

On its exception of prescription filed…