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STATE v. CRUZ

No. COA03-1116.

601 S.E.2d 886 (2004)

STATE of North Carolina v. David Rene CRUZ, Defendant, and Robert L. McQueen, Surety.

Court of Appeals of North Carolina.

September 21, 2004.

Attorney(s) appearing for the Case

David Phillips, Fayetteville, for the Cumberland County Board of Education.

Parish & Cooke, by James R. Parish, Fayetteville, for the surety.

CALABRIA, Judge.

Robert L. McQueen ("McQueen") appeals the trial court's denial of his motion for relief from final judgment of bond forfeiture. We affirm.

On 24 September 2001, David Rene Cruz ("the defendant") was arrested and charged with felony breaking and entering and felony conspiracy. The defendant's bond was $2,000.00, which was posted on 24 September 2001 by McQueen. On 7 June 2002, the defendant failed to appear, and the bond was

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