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Bond forfeiture. Henry Superior Court. Before Judge Whitmire.
The code requirements are found in OCGA 17-6-70 and 71 (a): "A bond forfeiture proceeding shall be commenced immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person . . . The judge shall upon the failure to appear set an execution hearing for a date at least 90 days after the failure to appear or as soon thereafter as the case may be heard. Notice of the hearing shall be mailed by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond."
There is no transcript of proceedings and no showing as to when the failure to appear occurred. The record reveals only that an order issued on August 29, 1985, notifying the parties of a hearing on September 16, 1985. Thus, there is nothing to show the proceedings were not commenced immediately after the failure to appear or that the hearing date in any way violated the "at least" 90-day requirement. Appellant had the burden of showing both error and harm. Whitby v. Maloy, 150 Ga. App. 575 (2) (258 SE2d 181) (1979). Neither has been established.
E. Byron Smith, District Attorney, Thomas R. McBerry, Assistant District Attorney, for appellee.
T. Michael Martin, for appellant.
DECIDED MAY 5, 1986.
Thursday May 21 15:28 EDT

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