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Anytime Bail Bonding Inc. v. State of Ga.

The plain terms of a criminal appearance bond obligated the bonding company to forfeit $55,100 to the state as a consequence of the defendant's failure to appear for his arraignment on his second indictment for methamphetamine trafficking.

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Anytime Bail Bonding, Inc. appeals the trial court’s final judgment of forfeiture on a criminal appearance bond posted on behalf of Filberto Sanchez. Because the trial court correctly concluded that Anytime Bail Bonding had not been discharged from liability as a surety, we affirm. The record reflects that after Sanchez was arrested on the charge of trafficking in methamphetamine, Anytime Bail Bonding posted a criminal appearance bond on his behalf on September 2, 2006. Among other things, the bond was conditioned upon Sanchez appearing before the superior court at the time fixed for his arraignment on the drug trafficking charge.

On February 7, 2007, the Clayton County grand jury indicted Sanchez for the offense of trafficking in methamphetamine. Sanchez, however, failed to appear for his arraignment, and the trial court issued a bench warrant for his arrest. On the same day, the trial court entered an order requiring Anytime Bail Bonding to appear at an execution hearing and show cause why the appearance bond should not be forfeited.

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