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STATE v. RODRIGO

No. COA07-938.

660 S.E.2d 615 (2008)

STATE of North Carolina v. Arias C. RODRIGO.

Court of Appeals of North Carolina.

May 20, 2008.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by Jon P. Carroll, Charlotte, for the Mecklenburg County Board of Education.

No brief filed for Sherman F. Crowder, surety-appellee.

CALABRIA, Judge.

The Mecklenburg County Board of Education ("BOE") appeals from orders granting surety Sherman F. Crowder's ("the surety") motions to set aside a bond forfeiture. We reverse and remand.

On 14 May 2006, Arias C. Rodrigo ("defendant") was charged with driving while impaired in violation of N.C. Gen.Stat. § 20-138.1 and his release was authorized upon the execution of a bond in the amount of $1,000. The following day, defendant was charged...

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