State v. Lindao

OPINION OF THE COURT

The defendant’s failure to appear upon notice resulted in the issuance of a bench warrant. A few months later when the defendant was stopped for a traffic violation, he was arrested on the warrant. He posted a cash bond, and again failed to appear.

Some ten months later the defendant moved to set aside the bench *136warrant and to set aside the bond forfeiture. The trial judge set aside the bench warrant and “. . . close(d) the case on the estreature.”

We interpret the trial court’s action as a dismissal, which under these circumstances was improper. There was no motion to…