State v. Kennedy

WICKER, Judge.

This is a commercial surety’s appeal of the trial court’s judgment refusing to annul a bond forfeiture. We set aside the judgment of bond forfeiture and remand the case for an evidentiary hearing.

The defendant, Frederick Kennedy, was charged by bill of information with manufacturing marijuana in violation of La.R.S. 40:966. After defendant’s arrest American Banker’s Insurance Company (American Bankers), a commercial surety, and the defendant posted a $25,000.00 appearance bond.

When the defendant failed to appear for trial on July 30, 1990 the trial court issued an attachment for…