PEOPLE v. WALKER

No. 82CA0197.

665 P.2d 154 (1983)

The PEOPLE of the State of Colorado, Plaintiff, v. Rodney Hugh WALKER, Defendant, Sidney H. WALKER, Waltrout M. Walker and Kathy Walker, Petitioners-Appellants, v. William A. YORDING, Continental Surety and Fidelity Insurance Company, and their Attorneys-in-fact, Joseph Kuperus and William Gawson, Sureties-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 7, 1983.

Certiorari Granted June 13, 1983.


Attorney(s) appearing for the Case

Steven T. Pelican, Colorado Springs, for petitioners-appellants.

Ron E. Ewing, Colorado Springs, for sureties-appellees.


STERNBERG, Judge.

The sole issue in this appeal is whether, pursuant to the terms of § 16-4-108(1)(c), C.R.S.1973 (1979 Repl.Vol. 8), a court has discretion to require a surety to return all or a portion of the premium paid for a bail bond where the bond is terminated by court order. We hold that the statute vests the trial court with such discretion and therefore reverse the order of the trial court and remand the cause to the trial court to exercise that discretion...

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