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PEOPLE v. HERNANDEZ

No. 93CA2169.

902 P.2d 846 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Nelson HERNANDEZ, Defendant, and Concerning Douglas Britten, Surety, Appellant.

Colorado Court of Appeals, Div. 5.

Rehearing Denied March 9, 1995.

Certiorari Denied August 28, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., and Susan J. Schneider, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Worrell, Griffith, Durrett & Jaynes, P.C., Kenneth H. Jaynes, Glenwood Springs, for appellant.

Opinion by Chief Judge STERNBERG.

Douglas Britten, surety, appeals from the trial court order forfeiting his bond for defendant, Nelson Hernandez, following defendant's failure to appear. Because we conclude the surety was exonerated from the bond, we reverse and remand with directions.

In August 1993, the surety posted bond for the defendant. On September 20, 1993, defendant appeared with counsel and tendered a document entitled Petition to Enter Plea of...

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