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STATE v. CORTEZ

No. COA10-1211.

715 S.E.2d 881 (2011)

STATE of North Carolina v. Elder G. CORTEZ, Defendant, and Richard L. Lowry, Surety; Larry D. Atkinson, Surety; and Tony L. Barnes, Surety.

Court of Appeals of North Carolina.

September 20, 2011.

Attorney(s) appearing for the Case

Tharrington Smith, L.L.P., Raleigh, by Rod Malone and Christine Scheef , for Johnston County Board of Education.

Narron, O'Hale and Whittington, P.A., Smithfield, by John P. O'Hale , for Appellants-Sureties.

McGEE, Judge.

A warrant for the arrest of Elder G. Cortez (Defendant) for the charges of first-degree kidnapping, first-degree rape, and taking indecent liberties with a child was issued on 24 August 2007. On 16 September 2008, Larry Atkinson, Tony L. Barnes, and Richard Lowry (Sureties) executed three appearance bonds for Defendant in the respective amounts of $10,000.00, $20,000.00, and $570,000.00. Defendant failed to appear at an 18 February 2009 hearing, and...

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