People v. Campbell

I respectfully dissent.

The majority states that it was the action of Colorado and South Dakota that resulted in the surety’s failure to surrender the defendant. I disagree.

The method for surrendering a defendant by a surety is clearly set forth in § 16-4-108, C.R.S. 1973 (1978 Repl. Vol. 8). The defendant may be surrendered at any time, even while the defendant is in custody on another offense. People v. Jaramillo, 163 Colo. 39, 428 P.2d 67 (1967). Here, the surety could have exonerated itself by surrendering the defendant while he was in custody in South Dakota. This could have been done by…