FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. CR-158601 HONORABLE MARILYN CARR CASTLE,
A. Stutes District Attorney, Emilia Salas Pardo Assistant
District Attorney, COUNSEL FOR: Plaintiff/Appellee - State of
Leyton Odinet Mahtook & LaFleur, LLC, COUNSEL FOR:
Plaintiff/Appellee - State of Louisiana.
Adams Assistant Public Defender, COUNSEL FOR:
Defendant/Appellee - Jeffery Dale Kading, Jr.
M. Haik, III, COUNSEL FOR: Other Appellants - Accredited
Surety & Casualty Company, Inc. and Mike Mullen L.L.C.
dba Mike's Bail Bonding Service.
composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R.
Cooks, and Marc T. Amy, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE.
bond forfeiture case, Mike Mullen L.L.C. D/B/A Mike's
Bail Bonding Service (Agent) and Accredited Surety and
Casualty Company, Inc. (Surety) appeal the trial court's
judgment denying them relief on their motion to acknowledge
surrender of the criminal defendant, Jeffery Dale Kading, Jr.
Finding no error in the trial court's judgment under the
applicable statutes, we affirm.
decide whether the trial court erred in its application of
the pertinent articles of the Louisiana Code of Criminal
Procedure in denying the Agent and Surety's motion to
AND PROCEDURAL HISTORY
fugitive warrant was issued for Mr. Kading when he failed to
appear for a criminal arraignment, and a Bond Forfeiture
Judgment was ordered. The Bond Forfeiture Judgment was signed
on January 5 and mailed on January 17, 2017. On January 25,
2017, the Agent paid the Sheriff's office $25 to list Mr.
Kading on the National Crime Information Registry (NCIR). Mr.
Kading was arrested in New Mexico on March 15, 2017. The
Agent tried unsuccessfully to obtain an amount from the
Sheriff for the transportation costs on having Mr. Kading
returned to Lafayette. On March 21, 2017, Mr. Kading was
released in New Mexico. When the Agent apprehended the
defendant in December of 2017, he surrendered Mr. Kading to
the Sheriff in Lafayette. The Agent and Surety now want the
judgment of bond forfeiture set aside.
of law, such as the proper interpretation of statutes, are
reviewed by the appellate court under the de novo standard of
review. Land v. Vidrine, 10-1342 (La. 3/15/11), 62
So.3d 36 (citations omitted).