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PEOPLE v. DIAZ-GARCIA

No. 04CA2658.

159 P.3d 679 (2006)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Sergio DIAZ-GARCIA, Defendant, and Concerning Benjamin Mares, Surety-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied September 28, 2006.

Attorney(s) appearing for the Case

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

Mitch Geller, Denver, Colorado, for Surety-Appellant.

Opinion by Judge J. JONES.

In this bail bond forfeiture case, surety, Benjamin Mares, appeals the district court's order denying his motion to vacate the entry of a forfeiture judgment on a bail bond he posted for the defendant, Sergio Diaz-Garcia. We affirm.

I. Background

On November 18, 2002, the defendant, a Mexican national, was arrested and charged by the State of Colorado with four counts of felonious possession and distribution of controlled...

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