State of Ohio v. John Sexton and Tallerico Bonding Company

SUPREME COURT CASES

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State: Ohio

Court: Ohio Southern District Court

Docket No: 2000-Ohio-2006

Case Date: 12/21/2000

Plaintiff: State of Ohio

Defendant: John Sexton and Tallerico Bonding Company

Preview:IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
LAWRENCE COUNTY

STATE OF OHIO,  :
Plaintiff-Appellee,  :  Case No. 99CA19
  v.  :
JOHN SEXTON,  :  DECISION AND JUDGMENT ENTRY
Defendant,  :  RELEASED 12/21/00
and  :
TALLERICO BONDING COMPANY,  :
Appellant.  :

APPEARANCES:
COUNSEL FOR APPELLANT,1 Tallerico Bonding Company:  Michael H. Mearan 816 Sixth Street Portsmouth, Ohio 45662
COUNSEL FOR APPELLEE:  J.B. Collier, Jr., Lawrence Co. Prosecuting Attorney Robert C. Anderson, Assistant Prosecuting Attorney Lawrence County Court House Ironton, Ohio 45638
EVANS, J. OPINION

Appellant, Tallerico Bonding Company, [hereinafter Tallerico], appeals the denial of its motion for relief from judgment.  Tallerico, by motion filed July 8, 1999, sought relief from a judgment entered June 24, 1998 by the Lawrence County Municipal Court, which ordered the
1 Defendant John Sexton did not enter an appearance in this appeal.

forfeiture of a $10,000 appearance bond Tallerico had posted on behalf of defendant John Sexton.  We affirm the judgment of the trial court.
STATEMENT OF THE CASE
The State of Ohio charged John Sexton with passing a bad check.  At his arraignment on January 30, 1998, the trial court set a $10,000 appearance bond and set the matter for preliminary hearing.  Tallerico provided a $10,000 surety bond on behalf of John Sexton, and he was released from custody; however, Sexton did not appear at the preliminary hearing on  February 23, 1998.  The State of Ohio moved for forfeiture of the $10,000 appearance bond.
Tallerico discovered that Sexton, contrary to the conditions of his release, left Ohio.  Although Tallerico eventually located Sexton in a South Carolina jail, the bonding company was unable to secure his return to Ohio prior to the bond forfeiture hearing. After that bond forfeiture hearing, the trial court, by judgment entry of June 24, 1998, ordered the forfeiture of the Tallerico bond to the State of Ohio.
Tallerico appealed that judgment.  We affirmed the judgment of the trial court, finding that John Sexton voluntarily fled the jurisdiction of the Lawrence County Municipal Court, in contravention of the terms of his release from custody on this bond.  See State v. Sexton (Mar. 23, 1999), Lawrence App. No. 98CA26, unreported, discretionary appeal not allowed, State v. Sexton (1999), 86 Ohio St.3d 1443, 713 N.E.2d 1052.
John Sexton was eventually returned to Lawrence County to face trial.  Tallerico moved for relief from this judgment ordering forfeiture of their bond, arguing that R.C. 2937.40(1)(A) required the release of the surety upon delivery of the accused.  The trial court summarily denied Tallerico

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