Pursuant to Idaho Code § 192915, the clerk of the court sent notice to American Contractors and Aladdin, an agent authorized to receive such notices, of the district court’s intention to discharge the order of forfeiture if Wharton was not brought before the court within 180 days of the order of forfeiture. The district court revoked Wharton’s bail, issued an arrest warrant, and ordered the bond posted by American Contractors be forfeited. ALADIN BAILBONDS TRIAL2 Wharton failed to appear for a motion hearing and his trial counsel was unable to explain Wharton’s absence. According to the district court, attached to the bail bond was a power of attorney form issued by American Contractors, which gave Aladdin the power to act as the attorney-in-fact for American Contractors in executing a bail bond. If Wharton failed to appear, American Contractors agreed to pay Wharton’s $100,000 bond. Benjamin Barrera (Barrera), as a licensed bail agent of the American Contractors Indemnity Company (American Contractors), signed the bail bond posted for Wharton. The magistrate set bail in the amount of $100,000. FACTUAL AND PROCEDURAL BACKGROUND The State charged Wharton with trafficking in marijuana and obstructing and delaying an officer. The State asserts Aladdin failed to show error because there is an incomplete record on appeal and Aladdin’s argument on appeal is not preserved. Aladdin also contends the district court abused its discretion when it failed to consider Aladdin’s recovery efforts as a relevant, non-enumerated factor under I.C.R. 1 failed to consider Aladdin’s efforts to locate and apprehend Wharton under Idaho Criminal Rule 46(h)(1)(B). As the district court referred to Two Jinn by its assumed name, we will do the same. Aladdin argues the district court made clearly erroneous factual findings and abused its discretion when it 1 The district court recognized that Aladdin Bail Bonds is an assumed name under which Two Jinn, Inc. _ HUSKEY, Judge Aladdin Bail Bonds (Aladdin) 1 appeals from the district court’s order denying Aladdin’s motion to set aside forfeiture and exonerate bond posted on behalf of Travis Wharton. Lorello, Deputy Attorney General, Boise, for respondent. Nevin, Benjamin, McKay & Bartlett, LLP Christopher D. Order denying motion to set aside forfeiture and exonerate bond, affirmed. Lehrman, Clerk SUBSTITUTE OPINION THE COURT’S PRIOR OPINION DATED JUNE 28, 2017, IS HEREBY WITHDRAWN Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. TRAVIS WHARTON, Defendant, and ALADDIN BAIL BONDS as claimed agent for AMERICAN CONTRACTORS INDEMNITY COMPANY, Surety/Real Party in InterestAppellant. 44279 STATE OF IDAHO, Plaintiff-Respondent, v. IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |