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PEOPLE v. DIAZ

No. 92CA1568.

862 P.2d 1031 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose Antonio DIAZ, Defendant, and Concerning Richard Decintio and Amwest Surety Insurance Company, Sureties-Appellants.

Colorado Court of Appeals, Div. IV.

October 7, 1993.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Catherine P. Adkisson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Lee K. Rosenbaum & Associates, Lee K. Rosenbaum, Mark Menscher, Kent L. Freudenberg, Colorado Springs, for Sureties-appellants.

Opinion by Judge PLANK.

Sureties, Richard Decintio and Amwest Surety Insurance Company, appeal from the judgment of $5,000 entered against them on the forfeiture of the bail bond they posted for the release of defendant, Jose Antonio Diaz. We affirm.

Sureties premise their challenge to the trial court's refusal to exonerate them from liability on the bond on the contention that they were unable to effect the apprehension of the fugitive defendant upon finding...

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