Bonding Company Appeals to MO Supreme Court

L&C Investments and Doug Cheatham have appealed a recent case decided by the Missouri Western District Court of Appeals. It was previously covered here. L&C has asked the Missouri Supreme Court to accept the case on appeal. The appellant court ruled that L&C was responsible for a bond after sentencing when a stay of execution on the sentence was granted. The defendant failed to surrender himself for commitment and the bond was ordered forfeited. The appeal court said that L&C should have kept itself informed of Wilson's case, and if it did not want to be obligated for Wilson's release upon the stay of execution of his sentence, L&C could have surrendered Wilson to the custody of law enforcement. L&C was not present when the sentence was ordered and the stay granted. L&C argues that the trial judge exceeded his authority in granting a stay under 546.610 RSMO, in that the statute states that a defendant sentenced to DOC shall “without delay” be delivered to DOC. L&C further argues that under rule 33.06, the court should have held a hearing, with all parties present, in order to modify the conditions of release. L&C also states that commitment to DOC should have taken place immediately where no appeal was filed and that the trial judge had no authority to grant a delay in executing the sentence.