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State v. Sampy

Court of Appeals of Louisiana, Third Circuit

June 5, 2019

STATE OF LOUISIANA
v.
DONOVAN PAUL SAMPY, ET AL.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20183186 HONORABLE JULES DAVIS EDWARDS, DISTRICT JUDGE.

          Hon. Paul Joseph deMahy Thompson, COUNSEL FOR DEFENDANT/APPELLANT: American Surety Company.

          Emilia Salas Pardo Assistant District Attorney Fifteenth Judicial District Court, COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana.

          Donovan Paul Sampy In Proper Person, COUNSEL FOR DEFENDANT/APPELLEE: Donovan Paul Sampy.

          Court composed of Sylvia R. Cooks, Shannon J. Gremillion, and D. Kent Savoie, Judges.

          D. KENT SAVOIE JUDGE.

         In this bond forfeiture case, American Surety Company (American) appeals the judgment of the trial court, finding American, as surety, liable for the full amount of the bond for criminal defendant Donovan Paul Sampy. For the following reasons, we reverse.

         FACTS AND PROCEDURAL HISTORY

         On February 2, 2017, American, a commercial surety company, issued a criminal bail bond for the release of Sampy in the amount of THIRTY THOUSAND DOLLARS ($30, 000.00). An arrest warrant was issued for Sampy after he failed to appear before the court on October 16, 2017. Notice of the warrant for arrest was mailed on October 17, 2017. On May 14, 2018, the State filed a Petition for Rule to Show Cause why a bond forfeiture judgment should not be rendered because one hundred and eighty days had passed since the mailing of the notice of warrant for arrest and Sampy had not made an appearance. Attached to the petition was a bond undertaking in the amount of THIRTY THOUSAND DOLLARS ($30, 000.00) dated February 2, 2017, naming as principal Donovan Paul Sampy and naming as surety Accredited Surety and Casualty Co. Also attached to the petition was the notice of arrest and a power of attorney executed by Act Right Bonds on behalf of American and signed by Defendant Sampy.

         On August 28, 2018, Sampy made an appearance and accepted service for his pre-trial setting on November 8, 2018. This appearance was made outside the one hundred and eighty (180) days he was mandated to appear from the mailing of the notice of the warrant for arrest. The petition for bond forfeiture was placed on the August 30, 2018 criminal docket and was taken up on August 31, 2018.

         After a hearing, the trial court rendered judgment in favor of the State and against Sampy, as principal, and American, as surety, for the full amount of the bond. American now appeals.

         ASSIGNMENTS OF ERROR

         1. The trial court erred when it rendered a judgment against American, whose name does not appear on the bail undertaking.

         2. The trial court erred when it rendered a judgment against Donovan Sampy, who was not notified of the hearing date for ...


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