State v. Cobb

Judge ZACHARY, dissenting

The majority opinion holds that the motion filed by 1st Atlantic Surety Company ("the surety") to set aside the forfeiture of an appearance bond "was not premised upon any ground set out under [N.C. Gen. Stat. §] 15A-544.5" and that, as a result, "the trial court lacked statutory authority to set aside the forfeiture of the appearance bond." The surety's original motion was explicitly based upon N.C. Gen. Stat. § 15A-544.5(b)(3) (2015), which allows a surety to apply to have a bond forfeiture set aside on the grounds that "[t]he defendant has been surrendered by a…