FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTH DIVISION. NOS.
CR-12-3088; CR-13-1044; CV-15-1950. HONORABLE BARRY SIMS,
D. Hancock, for appellant.
Rutledge, Att'y Gen., by: Karen Virginia Wallace,
Ass't Att'y Gen., for appellee.
MICHAEL KINARD, Judge. GLOVER and HOOFMAN, JJ., agree.
MICHAEL KINARD, Judge
Bail Bonds, Inc. (BBB), appeals from the bond-forfeiture
judgment entered against it on May 4, 2015. On appeal, BBB
contends that the judgment should be reversed due to failure
to comply with the bond-forfeiture statute. We affirm.
wrote a bail bond in favor of Billy Mac Harris on April 10,
2013. Harris failed to appear for court on July 22, 2013. On
that same date, the trial court and circuit clerk issued an
order to show cause and a summons ordering BBB to appear on
October 14, 2013, to show cause why the bond should not be
forfeited due to Harris's failure to appear. The parties
agree that, for unexplained reasons, the case was not called
up on October 14, 2013, and the show-cause hearing was never
August 19, 2014, notice was mailed to Harris ordering him to
appear for a " report/status" hearing in his case
on September 4, 2014. The notice was returned, marked "
return to sender," " moved left no address,"
and " unable to forward." On September 4, 2014,
Harris failed to appear. The trial court entered an order to
show cause, and the circuit clerk issued a summons for BBB to
appear on December 8, 2014.
filed a motion to dismiss the bond forfeiture, and the
show-cause hearing was reset for May 4, 2015. David Viele, an
agent for BBB, testified that he took Harris into custody on
May 18, 2014, and tried to surrender him to the jail, but he
was told there was no warrant for Harris. Viele did not know
if Harris had received notice of his court date. Viele said
that BBB's license had been revoked since October 2014,
so he had been unable to look for Harris since then. David
Cannon, Harris's former attorney, said that he received
notice of Harris's September 4, 2014 court date, and his
office would have sent notice to Harris at his address on
file. The trial court entered judgment forfeiting BBB's
bond of $10,000. BBB timely appealed.
argues that the judgment should be reversed because Harris
was not lawfully required to appear on September 4, 2014,
since the notice sent to Harris was returned undelivered.
Arkansas Code Annotated section 16-84-207(a) (Supp. 2015)
provides that if a bail bond is granted by a judicial
officer, it shall be conditioned on the defendant's
appearing for trial, surrendering in execution of the
judgment, or appearing at any other time when his or her
presence in circuit court may be lawfully required under Rule
9.5 or Rule 9.6 of the Arkansas Rules of Criminal Procedure,
or any other rule.
well settled that an appellant must raise and make an
argument at trial in order to preserve it for appeal.
First Arkansas Bail Bonds, Inc. v. State, 373 Ark.
463, 284 S.W.3d 525 (2008). BBB's argument is not
preserved because it was not raised below at the show-cause
hearing or in BBB's motion to dismiss. Furthermore, BBB
has offered no convincing argument or citation to authority
for its claim that the notice sent to Harris did not comply
with the statute. Our courts do not consider an argument,
even a constitutional one, when the appellant presents no
citation to authority or convincing argument in its support,
and it is not apparent without further research that the
argument is well taken. Hollis v. State, 346 Ark.
175, 55 S.W.3d 756 (2001).
extent BBB argues that the judgment should be reversed
because the State ...