![]() § 19-2927 of forfeiture of the bond and, thus, the district court erred in denying its motion to exonerate the bond. ![]() Additionally, Aladdin contends that the district court abused its discretion by denying its motion to extend the enforcement of the bond forfeiture.Īladdin argues that the district court failed to provide sufficient notice pursuant to I.C. On appeal, Aladdin argues that the district court erred in holding that a deficiency in the notice of bond forfeiture can be waived and by denying the motion to exonerate bond. In its order denying Aladdin's motions, the district court found that “any deficiency in the notice of failure to appear at the December 29, 2003, was waived by Aladdin Bail Bonds by virtue of the fact that such surety filed the subject motions for extension which reflected the surety's awareness of absence.” Aladdin appeals. On May 24, 2004, the district court held a hearing in regard to Aladdin's motions, which the district court denied. On April 13, 2004, Aladdin, represented by an attorney, filed a motion for a second extension of enforcement of bond forfeiture. 46(e) on the ground that the notice of forfeiture stated that Vargas had failed to appear on January 20, 2004, but the forfeiture was mailed on December 30, 2003. On March 24, 2004, Aladdin filed a pro se motion to set aside the forfeiture and exonerate the bond pursuant to I.C.R. The district court granted the motion but ordered that the extension expire on April 29, 2004. The motion requested that the extension expire on July 4, 2004. Aladdin requested an extension on the ground that it was actively tracking Vargas and had obtained leads for an address in California. ![]() On March 16, 2004, Aladdin filed a pro se motion for an extension of enforcement of the bond forfeiture. The notice of forfeiture was dated December 30, 2003, by the clerk of the court. § 19-2927 on January 20, 2004, and that the forfeiture would be discharged if Aladdin brought Vargas before the district court within ninety days from the date of the order forfeiting the bond. A notice of forfeiture of bond was filed on December 29, 2003, stating that the bond had been declared forfeited pursuant to I.C. However, on December 29, 2003, Vargas failed to appear and the district court ordered the bond forfeited and issued a bench warrant for Vargas's arrest. The district court ordered Vargas to be present at both the pre-trial conference, set for December 29, 2003, and the jury trial set for January 20, 2004. On October 15, 2003, Vargas appeared for his arraignment and pled not guilty. Aladdin again posted bond for Vargas and Vargas was released. On October 9, 2003, Vargas waived the preliminary hearing and was bound over to the district court. Vargas was taken into custody, a new bail was set, and a new preliminary hearing date was set for October 9, 2003. Vargas appeared a short time later, and the magistrate ordered the warrant served. A notice of forfeiture of surety bond was also filed indicating that Aladdin had ninety days from the date of forfeiture, September 30, 2003, to bring Vargas before the magistrate in order to have the forfeiture discharged. On September 29, 2003, Vargas failed to timely appear at that hearing and the magistrate again issued a bench warrant and order forfeiting the prior bond. On September 15, 2003, the magistrate quashed the bench warrant and reset the preliminary hearing for September 29, 2003. § 19-2927 but that the forfeiture would be discharged if Aladdin brought Vargas before the magistrate within ninety days from the date ordering forfeiture of the bond. On that same date, a notice of forfeiture of surety bond was filed indicating that the bond was forfeited pursuant to I.C. Vargas failed to appear at the scheduled hearing, and a magistrate ordered forfeiture of the bond and issued a bench warrant for Vargas's arrest. ![]() Two days later, Aladdin posted Vargas's bond, and Vargas was scheduled to appear on August 18, 2003. On August 4, 2003, Vargas was arraigned and bail was set. Vargas was charged with possession of a controlled substance. For the reasons set forth below, we affirm. Chaffee, Deputy Attorney General, Boise, for respondent.Īladdin Bail Bonds appeals from the district court's order denying Aladdin's motions to exonerate a bail bond and to extend enforcement of the bond forfeiture. VARGAS, Defendant, Aladdin Bail Bonds, Real Party In Interest-Appellant.
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