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Safety National Casualty Corp. v. State

The statute allowing exoneration from the forfeiture of a bond due to the incarceration of a defendant is constitutional. Court of Criminal Appeals, No. PD-0413-07

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Meyers, J., delivered the opinion of the Court, in which Keller, P.J., and Price, Womack, Johnson, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Cochran, J., filed a concurring opinion.

OPINION

Appellant, Safety National, sought exoneration from the forfeiture of a bond due to the incarceration of the defendant. See Article 22.13(a)(5) of the Texas Code of Criminal Procedure.*fn1 The trial court entered a judgment in favor of the State for one half the amount of the original bond and entered findings of fact concluding that Article 22.13 (a)(5) unconstitutionally interferes with the trial court’s discretion and with the finality of judgments.*fn2 Appellant appealed, and the court of appeals affirmed the judgment of the trial court. Safety National v. State, 225 S.W.3d 684 (Tex. App.-El Paso 2006). We granted review to consider the constitutionality of Articles 22.13(a)(5) and 22.16(a). We hold that the statutes are constitutional and remand the cause to the trial court.

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