In re: Rader Bonding Company

In this appeal, we must determine whether the Appellant, Rader Bonding Company (“Rader”), remained obligated as surety for the $7,500 bond set for the Defendant, Saul Aldaba-Arriaga, for a charge of driving under the influence of an intoxicant (“DUI”), second offense, and his $2,500 bond for a charge of driving on a revoked license when the State later obtained an indictment that increased the severity of the Defendant’s misdemeanor charge of DUI second offense to a felony charge of DUI fourth offense and included additional charges. After the Defendant failed to appear in court on the indicted charges, the trial court initiated forfeiture proceedings and entered a final judgment of forfeiture against the Defendant and Rader following a hearing. We conclude that based on the specific and unique circumstances of this case, Rader’s obligation under the bonding agreement for the $7,500 bond on the Defendant’s DUI second offense charge in general sessions court did not extend to the indicted charge of DUI fourth offense and that as a result, the trial court erred in entering a judgment of final forfeiture against Rader on the $7,500 bond. We further conclude that Rader’s obligation for the $2,500 bond on the Defendant’s charge of driving on a revoked license in general sessions court continued when the Defendant was indicted for the same offense and that the trial court did not abuse its discretion in denying Rader’s request for exoneration. Accordingly, the trial court’s judgment is affirmed in part and reversed in part, and this case is remanded for further proceeding in accordance with this opinion.