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STATE v. FONVILLE

No. 848SC420.

325 S.E.2d 258 (1985)

STATE of North Carolina, Plaintiff, v. Leamon N. FONVILLE, Defendant, Frank Moseley, Surety.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Harvey W. Marcus, Kinston, for appellant Lenoir County Bd. of Educ.

Robert B. Hulbert, Jr., Asst. Dist. Atty., Snow Hill, for State.

Joretta Durant, Kinston, for petitioner-appellee.

WEBB, Judge.

G.S. 15A-544(e) and (h) provide for the remission of bond forfeitures. Subsection (e) provides that the Court may order a remission within 90 days of the entry of judgment or on the first day of the next session of court commencing more than 90 days after the entry of judgment if it appears that justice requires the remission. The petition for remission in this case was not filed within this time period. G.S. 15A-544(e) does not apply in this case.

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