State v. Zylstra

MOORE, Chief Justice.

Defendant and surety appeal trial court’s refusal to set aside a judgment forfeiting bail. They contend the court erred in holding that defendant’s “waiver of extradition” executed in Texas did not constitute a “voluntary surrender” as contemplated by our bond remission statute, section 766.6. We affirm.

The relevant facts were stipulated by the parties as follows. Defendant, Herman Paul Zylstra, was convicted by an O’Brien County jury of assault with intent to commit murder on May 27, 1976. Sentencing was set for July 6, 1976 and defendant’s bail bond of $50,000 was…