[DOWNLOAD] "People v. Hare" by Colorado Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Hare
• Author : Colorado Court of Appeals
• Release Date : January 22, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

We granted certiorari to review the decision of the court of appeals in People v. Tyler, 784 P.2d 815 (Colo. Ct. App. 1989), reversing a trial court order which denied the motion of a surety to set aside the forfeiture of a bail bond because the defendant failed to appear. The court of appeals ruled that, in the underlying criminal case, the trial court materially increased the risk to the surety that the defendant would not appear when it accepted the defendants withdrawal of a guilty plea and set the case for trial five months later. Under this courts decision in Rodriquez v. People, 191 Colo. 540, 554 P.2d 291 (1976), the court of appeals held that the trial courts actions terminated the suretys obligation under the bail bond. We find that the surety, under the terms of the bond obligation, agreed to guarantee the appearance of the defendant until final sentencing. Therefore, the actions of the trial court in permitting the defendant to withdraw his guilty plea did not increase the risk inherent in such a guarantee. We reverse the decision of the court of appeals and remand this case to that court with directions to reinstate the judgment of the trial court upholding the forfeiture of the bond.

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