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STATE v. NELLON

No. 2012-KA-1429.

124 So.3d 1115 (2013)

STATE of Louisiana v. Jacolvy NELLON.

Court of Appeal of Louisiana, Fourth Circuit.

September 4, 2013.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Michael B. Redmann , Assistant District Attorney, New Orleans, LA, for Appellant.

Kenneth J. Beck , Gretna, LA, for Defendant/Appellee.

(Court composed of Chief Judge JAMES F. McKAY, III, Judge ROSEMARY LEDET, Judge SANDRA CABRINA JENKINS).

SANDRA CABRINA JENKINS, Judge.

The sole issue before the court is the discretion afforded the trial court in setting aside a judgment of bond forfeiture absent "a fortuitous event" that would make the bail bond obligation impossible to perform. See La. R.S. 15:83(C)(1); La. C.Cr.P. art. 345(I). We find that the trial court abused its discretion in granting the surety's motion to set aside the judgment of bond forfeiture. For the reasons stated below, the judgment...

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