Legal Opinion
State v. Romero
New Mexico Court of Appeals
Decided August 10, 2006No. 25,007, Consolidated with Docket No. 25,008PublishedCited by 7 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} This bail bond case presents the question of whether a bail bond may be forfeited when a defendant appears in court as ordered but violates other conditions of release. To answer this question we must resolve a conflict between a form promulgated by our Supreme Court and a statute. We conclude that the statute governs over the form because the statute creates a substantive right for the bail bond surety. Because the statute does not permit such a forfeiture, we reverse.
BACKGROUND
{2} Defendants Romero and Martinez each violated conditions of their release on bail, but…
2Cases cited8 opinions
- State v. RiveraNew Mexico Supreme Court · 2003
- State v. RomeroNew Mexico Supreme Court · 2006
- State v. RomeroNew Mexico Court of Appeals · 2005
- State v. GutierrezNew Mexico Court of Appeals · 2006
- State v. United Bonding Insurance CompanyNew Mexico Supreme Court · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. BrownNew Mexico Supreme Court · 2014
- State v. RomeroNew Mexico Supreme Court · 2007
- State v. TrujilloNew Mexico Court of Appeals · 2007
- State v. PachecoNew Mexico Court of Appeals · 2008
- State v. BrownNew Mexico Court of Appeals · 2014
2 more not listed; retrieve them via the Exa API.