STATE v. SIMS

No. 61772.

690 P.2d 1052 (1984)

STATE of Oklahoma, Appellant, v. Rickey SIMS and Ken Boyer, Appellees.

Supreme Court of Oklahoma.

November 13, 1984.


Attorney(s) appearing for the Case

Frank E. Walta, Asst. Dist. Atty., Oklahoma City, for appellant.

Sidney J. Gorelick, Gorelick & Gorelick, Oklahoma City, for appellees.


BARNES, Chief Justice:

This matter presents the question of whether a timely filed motion to vacate a bond forfeiture is properly granted under 59 O.S.Supp. 1982, § 1332(3) when a person other than the bondsman is responsible for the defendant being placed back into the custody of the court within the prescribed sixty-day period. We hold that it is.

The facts of the case are not disputed. Defendant Rickey Sims was arrested and charged in Oklahoma County...

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