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State of Idaho v. Two Jinn

December 7, 2010

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
TWO JINN, INC., REAL PARTY IN INTEREST-APPELLANT, AND BRETT ROBERT BARDSLEY, DEFENDANT.



Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Richard D. Greenwood, District Judge.

The opinion of the court was delivered by: Schwartzman, Judge

2010 Opinion No. 79

Stephen W. Kenyon, Clerk

Order denying motion to set aside forfeiture and exonerate bond, affirmed.

SCHWARTZMAN, Judge Pro Tem

Two Jinn, Inc. appeals from the district court's order denying Two Jinn's motion to set aside forfeiture and exonerate bond, arguing that the district court abused its discretion in concluding that the interests of justice did not require exoneration of the forfeiture of a bond Two Jinn had posted. We affirm.

I.

BACKGROUND

On December 1, 2008, Brett Robert Bardsley was charged with felony driving under the influence of alcohol, Idaho Code §§ 18-8004, 18-8005(5); driving without privileges, I.C. § 18-8001; and false personation, I.C. § 18-3001. The magistrate court set bail at $10,000, and on December 2, Two Jinn posted a surety bond on behalf of Bardsley. Bardsley was required to wear an alcohol-monitoring device as a term of his bond. At a preliminary hearing on February 24, 2009, the district court denied Bardsley's request that he be permitted to remove the device. Two days later Bardsley stopped paying for the device and downloading its data. As this was a violation of the terms of Bardsley's bond, the prosecutor filed a motion to revoke and increase his bond on March 23, 2009. Bardsley failed to appear in court the following day, March 24, and the court ordered his bond forfeited and a bench warrant was issued.

On July 20, 2009, Two Jinn discovered that Bardsley was in federal custody in San Diego, California.*fn1 Three weeks later, on August 11, Two Jinn sent a letter to Bardsley requesting that he take action before September 20, 2009, the 180th day after bond forfeiture, to resolve that matter. The next day, Two Jinn notified the court and the Ada County Prosecutor of Bardsley's incarceration in California.

On September 4, 2009, Two Jinn in San Diego, doing business as Aladdin Bail Bonds, posted a bond of $50,000 to obtain the release of Bardsley on the Idaho fugitive warrant. Because Bardsley refused to waive extradition, Idaho began the extradition process on September 16, over a month after Two Jinn had notified the state of Bardsley's California incarceration. On September 18, Two Jinn filed a motion to exonerate the bond in Ada County, two days before the 180th day after the bond forfeiture. On October 13, 2009, Two Jinn "arrested" Bardsley and returned him to the Ada County Jail. A hearing was subsequently held on Two Jinn's motion to set aside the forfeiture and exonerate the bond. The district court thereafter entered a memorandum decision and order denying the motion.

II.

DISCUSSION

The decision whether to exonerate bond is committed to the trial court's discretion. State v. Quick Release Bail Bonds, 144 Idaho 651, 655, 167 P.3d 788, 792 (Ct. App. 2007). In reviewing a trial court's exercise of discretion we consider whether the lower court correctly perceived the issue as discretionary, acted within the boundaries of such discretion and ...


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