STATE v. SURETY INS. CO.

Nos. 1 CA-CIV 4783, 1 CA-CIV 4787.

127 Ariz. 493 (1980)

622 P.2d 52

STATE of Arizona, Plaintiff-Appellee, v. SURETY INSURANCE COMPANY and Nathan J. Warren, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 10, 1980.

Review Denied January 6, 1981.


Attorney(s) appearing for the Case

Charles F. Hyder, Maricopa County Atty. by Roderick D. MacMillan, Deputy County Atty., Phoenix, for plaintiff-appellee.

Hirsh & Bayles, P.C. by Robert J. Hirsh, Tucson, for defendant-appellant Nathan J. Warren.

Allen, McClennen & Fels by Robert H. Allen, Phoenix, for defendant-appellant Surety Ins. Co.


OPINION

FROEB, Presiding Judge.

The bond of appellant Surety Insurance Company (Surety) was ordered forfeited after a hearing before the trial court. The issue on appeal is whether any condition of the bond was breached which would justify forfeiture. We find none and reverse the judgment.

Appellant Nathan J. Warren was charged with grand theft by false representation. Pursuant to court order, he was released...

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