STATE v. ORTIZ

No. COA18-1311.

832 S.E.2d 474 (2019)

STATE of North Carolina, v. Elmer Romero ORTIZ, Defendant, and Anthony Broadway, Bail Agent, and 1st Atlantic Surety Company, Surety.

Court of Appeals of North Carolina.

August 6, 2019.


Attorney(s) appearing for the Case

Todd Allen Smith and Champion & Giles, P.A., Graham, by Robert Clyde Giles, II , for Alamance-Burlington Board of Education, Appellant.

No brief for Elmer Romero Ortiz, Defendant.

David K. Holley , Graham, for Anthony Broadway, Bail Agent, Appellee.

Brian Elston Law, Asheville, by Brian D. Elston , for 1st Atlantic Surety Company, Surety, Appellee.


The Alamance-Burlington Board of Education ("the Board") appeals from the trial court's order providing relief from a forfeited bond before a final judgment. The Board argues that the trial court erred in granting relief based on N.C. Gen. Stat. § 15A-301 because a different statute, N.C. Gen. Stat. § 15A-544.5, is the exclusive...

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