PEOPLE v. ESCALERA

No. 04CA1097.

121 P.3d 306 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Javier ESCALERA, Defendant, and Kathy Ballwebber, Surety-Appellant.

Colorado Court of Appeals, Div. A.

Rehearing Denied August 18, 2005.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Law Office of Charles W. Elliott, Charles W. Elliott, Denver, Colorado, for Defendant and Surety-Appellant.


STERNBERG*, J.

Surety, Kathy Ballwebber, appeals from the trial court order denying her motion to set aside a judgment entered against her on the forfeiture of a bail bond she posted for the release of defendant, Javier Escalera. We reverse and remand with directions that the trial court set aside the judgment and exonerate surety on the bond.

On September 12, 2003, surety posted a $30,000 bond securing the appearance of defendant...

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