Opinion
No. COA04-934
Filed 3 May 2005 This case not for publication
Appeal by surety from judgment entered 9 March 2004 by Judge John O. Craig, III, in Randolph County Superior Court. Heard in the Court of Appeals 24 March 2005.
Gavin, Cox, Pugh Wilhoit, LLP, by Robert E. Wilhoit and Alan V. Pugh, for the State. Andresen Vann, by Kenneth P. Andresen and Christopher M. Vann, for surety. No brief filed for defendant.
Randolph County No. 02 CRS 051879.
Surety Aegis Security Insurance Co. posted a $10,000 bond for defendant Jose Landaver to guarantee his 22 May 2003 court appearance on felony drug charges. Following defendant's failure to appear on his assigned court date, the trial court entered a bond forfeiture judgment against surety. Pursuant to N.C. Gen. Stat. § 15A-544.8(b)(1), surety filed a motion to vacate the bond forfeiture judgment. The trial court denied surety's motion. Surety appeals, challenging the sufficiency of the evidence and the constitutionality of the bond forfeiture statute. For the reasons stated in State v. Ferrer Aegis Security Insurance Co. (COA04-935, filed contemporaneously), we affirm.
AFFIRMED.
Judges CALABRIA and GEER concur.
Report per Rule 30(e).