State v. Holmes

Holmes entered Richland County without prior approval of the trial court and, hence, violated the third condition of his release. The state of Ohio, appellee, suggests that Holmes’s noncompliance with the condition of his release is a breach of condition of the bail bond and, hence, the forfeiture of a portion of the bond was proper under Crim. R. 46(M).

We disagree. Crim. R. 46(M)2 provides that upon a breach of condition of a bond, the court must declare a forfeiture of the bail. However, Crim. R. 46(M) also requires that forfeiture proceedings be enforced “* * * as provided by law.”…