State v. Mercer

CLARK, Judge.

Surety Insurance Company of California, appellant herein, executed and filed with the circuit court a bail bond guaranteeing the appearance of Donald Lee Mercer to answer a charge of robbery then pending. The case was subsequently tried, Mercer was convicted and punishment was assessed at ten years. Pending disposition of the new trial motion, Mercer was released on a continuation of the prior bond.

On the date set for hearing and disposition of the new trial motion, Mercer failed to appear. The bond was declared forfeited and a warrant was ordered for Mercer’s arrest. Some six…