Bobby Cox Bail Bonds, Inc. v. State

Andree Layton Roaf, Judge.

Bobby Cox Bail Bonds, Inc., appeals the forfeiture of a $50,000 bond after criminal defendant Patrick A. Capps failed to return after a lunch break in his trial on drug charges. On appeal, it argues that the trial court erred in ordering the forfeiture because Capps was in the custody of the trial court when he absconded and the trial court was without authority to release Capps on bond where it had not agreed to remain as surety. We affirm.

The facts in this case are largely not in dispute. Bobby Cox Bail Bonds, Inc., wrote a bail bond for Capps on July 19, 1998, in…