Ramsey v. State

Full title: Danny RAMSEY, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff.

Court: Court of Appeals of Indiana.

Date published: Feb 10, 2015

29 N.E.3d 177 (Ind. App. 2015)

Opinion

No. 14A05–1403–CR–100.

02-10-2015

Danny RAMSEY, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff.

Danny Ramsey, Carlisle, IN, Appellant pro se. Gregory F. Zoeller, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

RILEY, Judge.

Danny Ramsey, Carlisle, IN, Appellant pro se.

Gregory F. Zoeller, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

MEMORANDUM DECISION

RILEY, Judge.

STATEMENT OF THE CASE

[1] Appellant–Defendant, Danny Ramsey (Ramsey), appeals the trial court's denial of his motion for the return of bond money.

[2] We affirm.

ISSUE

[3] Ramsey raises one issue on appeal, which we restate as follows: Whether the trial court erred in denying his motion to return his bond money.

FACTS AND PROCEDURAL HISTORY

[4] On July 30, 2003, Ramsey was arrested and charged with one Count of possession of marijuana, as a Class A misdemeanor. On the same day, Ramsey posted a cash bond of two hundred dollars to secure his release pending trial. On February 10, 2004, the State dismissed the charge. Thereafter, on February 23, 2004, the trial court released Ramsey's bond money.

[5] On July 20, 2005, Ramsey sent a letter to the trial court inquiring about his bond money. On January 30, 2014, approximately ten years after the dismissal of the charge, Ramsey filed a motion for the return of bond money, which was subsequently denied by the trial court on February 13, 2014.

[6] Ramsey now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

[7] Ramsey contends that the trial court erred when it denied the return of bond money. When a cash bail bond is posted to secure the release of a criminal defendant, the funds are held by the clerk while the defendant is at large and returned to the depositor unless the bond is forfeited due to the defendant's failure to appear. See I.C. ch. 35–33–8; –9; Turner v. Clary, 660 N.E.2d 878, 880 (Ind.Ct.App.1993).

[8] Here, Ramsey posted a cash bond in the amount of two hundred dollars on July 30, 2003. After the State dismissed the charge, the cash bond was returned on February 23, 2004, as evidenced by the clerk's record of release.

CONCLUSION

[9] Based on the foregoing, we conclude that the trial court properly denied Ramsey's motion.

[10] Affirmed.

[11] VAIDIK, C.J. and BAKER, J. concur.?