State v. Snelgrove

“If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. [...] If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant…” ORS 135.280(3).

Defendant appealed his conviction of various drug offenses and two judgments of forfeiture. Defendant challenged the trial court’s authority to enter judgments in security forfeited after he failed to appear at two pretrial hearings. On appeal, Defendant argued that, because he actually did appear in court within 30 days after the court entered orders forfeiting the entire security amount, the trial court did not have authority to enter judgments of forfeiture for the entire security amount. “If the defendant does not comply with the conditions of the release agreement, the court having jurisdiction shall enter an order declaring the entire security amount to be forfeited. [...] If, within 30 days after the court declares the forfeiture, the defendant does not appear or satisfy the court having jurisdiction that appearance and surrender by the defendant was, or still is, impossible and without fault of the defendant, the court shall enter judgment for the state, or appropriate political subdivision thereof, against the defendant…” ORS 135.280(3). The Court held that the text and context of ORS 135.280(3) does not give a trial court authority to enter a forfeiture judgment against a defendant who appears within 30 days of the court's forfeiture order. Judgments of forfeiture reversed; otherwise affirmed.