State v. Peraza

SAUNDERS, JUDGE.

hThis is a case in which Defendant, upon release after arrest, failed to appear for arraignment, the State moved for forfeiture of Defendant’s bond, and the trial court entered judgment of bond forfeiture. Surety subsequently moved to set aside the judgment of bond forfeiture, which the trial court granted. The State appealed.

The sole issue before the court is whether the trial court was legally correct in setting aside a bond forfeiture when the surety failed to timely file its motion pursuant to La.Code Crim.P. art. 349.5, and failed to prove a non-forfeiture situation…