Allegheny Mutual Casualty v. State

OPINION

ROBERTSON, Justice.

This is an appeal from final judgment entered in a bond forfeiture proceeding. The sole issue before us is whether the trial judge has discretion to render judgment for an amount less than the face amount of the appearance bond in a criminal proceeding where the accused fails to appear for trial and has not been re-arrested prior to final judgment in the bond forfeiture proceeding. We hold he has no discretion and affirm.

We first address a procedural issue. Appellee previously filed, and we ordered carried with the case, a motion to dismiss the appeal because it was…