Opinion
No. COA15–1085.
03-15-2016
STATE of North Carolina v. Amy Michelle DANIEL North River Insurance Company, Surety.
No brief for Surety North River Insurance Company. Tharrington Smith, LLP, by Rod Malone and Stephen G. Rawson, for Appellant Pender County Board of Education.
No brief for Surety North River Insurance Company.
Tharrington Smith, LLP, by Rod Malone and Stephen G. Rawson, for Appellant Pender County Board of Education.
Opinion
Appeal by Pender County Board of Education from order entered 18 June 2015 by Judge Lindsey M. Luther in Pender County District Court. Heard in the Court of Appeals 23 February 2016.
The Pender County Board of Education's status as the appellant arises from its being the ultimate recipient of the “clear proceeds” of the forfeited appearance or “bail” bond at issue herein, pursuant to the North Carolina Constitution. See N.C. Const. art. IX, § 7(a) (providing that “the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal laws of the State, shall belong to and remain in the several counties, and shall be faithfully appropriated and used exclusively for maintaining free public schools”); see also State v. Poteat, 163 N.C.App. 741, 744 n. 2, 594 S.E.2d 253, 254 n. 2, disc. review denied, 358 N.C. 548, 599 S.E.2d 915 (2004).