State v. Cummings

PREWITT, Presiding Judge.

Defendant was found guilty following jury trial of receiving stolen property. He filed a motion for new trial. A hearing on that motion and sentencing was set for March 15, 1985. When defendant failed to appear his $2,500 bond was ordered forfeited.

The state then moved for a final judgment of default and execution under Rule 33.14. The bail bond agent appeared and sought to have the forfeiture set aside under § 374.770.1, RSMo Supp.1984, because the defendant was incarcerated in the Leavenworth, Kansas Federal Prison. That statutory section is set out below. *

At the…