IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON FILED
JANUARY 1999 SESSION January 29, 1999
Cecil Crowson, Jr.
Appe llate Court C lerk
STATE OF TENNESSEE, )
) NO. 02C01-9810-CC-00301
Appellee )
) HENRY COUNTY
VS. )
) HON. JULIAN P. GUINN,
TONY BERNARD WILLIAMS, ) JUDGE
)
Defendant )
)
IN RE: ALLEGHENY MUTUAL )
CASUALTY CO. ) (Bond Forfeiture)
)
Appellant )
FOR THE APPELLANT: FOR THE APPELLEE:
VICTORIA L. DIBONAVENTURA PAUL G. SUMMERS
104 W. Washington Street, Ste. A Attorney General and Reporter
P. O. Box 1231
Paris, TN 38242 ELIZABETH T. RYAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ROBERT "GUS" RADFORD
District Attorney General
STEVEN L. GARRETT
Assistant District Attorney General
P. O. Box 94
Paris, TN 38242
OPINION FILED:
REVERSED
JOE G. RILEY,
JUDGE
OPINION
This is an appeal by Allegheny Mutual Casualty Company as a result of a
bond forfeiture ordered by the Circuit Court of Henry County. The state concedes
the trial court erred in ordering the forfeiture. We agree and reverse the judgment
of the trial court.
PROCEDURAL HISTORY
Defendant, Tony Bernard Williams, made a $5,000 bond with Allegheny
Mutual Casualty Company on charges of selling cocaine. Subsequently, the
defendant entered a guilty plea to selling cocaine and received a sentence of three
years with six months to be served in the county jail and the balance on supervised
probation.
Probation violation warrants were subsequently issued with bonds set;
however, defendant did not make bond on these warrants. The trial court revoked
probation and ordered the defendant to serve the remainder of the sentence. The
trial court also ordered that judgment be taken on the original appearance bond for
the cost of transporting the defendant from Illinois on the probation violation
warrants. The amount of the claim was $324.93.
Allegheny Mutual Casualty Company filed a motion to set aside the bond
forfeiture. The trial court denied the motion, and this appeal followed.
ANALYSIS
This Court has previously determined that when Tenn. Code Ann. § 40-11-
130 and 138 are read together, a surety’s obligation on the original appearance
bond does not continue after sentencing while the defendant is serving an
alternative sentence. State v. Sharon Melton, C.C.A. No. 01C01-9612-CC-00497,
Franklin County (Tenn. Crim. App. filed March 12, 1998, at Nashville). Pursuant to
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the express language of Tenn. Code Ann. §40-11-138(b), the surety is relieved of
its liability on the original bond upon the trial court’s acceptance of the defendant’s
guilty plea and the announcement of the sentence. Id. We continue to adhere to
this statutory interpretation.
The judgment of the trial court is reversed.
___________________________
JOE G. RILEY, JUDGE
CONCUR:
________________________________
DAVID G. HAYES, JUDGE
_______________________________
JOHN EVERETT WILLIAMS, JUDGE
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