STATE v. FRY

No. 20935.

910 P.2d 164 (1994)

128 Idaho 50

STATE of Idaho, Plaintiff-Respondent, v. Steven A. FRY, Defendant, and Pioneer Bail Bonds, Defendant-Appellant.

Court of Appeals of Idaho.

September 8, 1994.


Attorney(s) appearing for the Case

Johnson, McLean, Riccelli & Devlin, Coeur d'Alene, for appellant. J. Scott Miller argued.

Larry EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for respondent. Michael A. Henderson argued.


PERRY, Judge

In this case, we are asked to decide whether incarceration in another jurisdiction is a "sufficient excuse" to avoid bond forfeiture under I.C. § 19-2927 and I.C.R. 46(e). We hold that such incarceration is not, per se, sufficient excuse to prevent forfeiture, but is merely one factor, among many, that a court may consider in making its discretionary decision whether to forfeit bail.

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