Criminal Practice – Bond Forfeiture – Set Aside – Prior Failures to Appear

On 18 October 2021, the trial court issued a Conditions of Release and Release Order, indicating defendant’s “second or subsequent failure to appear in this case” (actually, his fourth failure to appear). Later that same day, the appellee-surety executed a bail bond on defendant’s behalf. Therefore, the surety “had actual notice before executing a bail bond that the defendant had already failed to appear on two or more prior occasions in the case for which the bond was executed.” G.S. § 15A-544(f). Accordingly, after defendant failed to appear yet a fifth time, the trial court erred in setting aside defendant’s bond forfeiture because § 15A-544(f) prohibited the court from doing so.

We vacate the trial court’s order setting aside the bond forfeiture. Remanded.

State v. Stubbs (Lawyers Weekly No. 012-143-23, 6 pp.) (Jeffery Carpenter, J.) Appealed from Hoke County District Court (Warren McSweeney, J.) Rawson and Colin Shive for appellant; no briefs filed for appellant or defendant. North Carolina Court of Appeals (unpublished)