Martinez v. State

OPINION

This is a proper person appeal from a district court order that denied appellant Gina Martinez’s motion for return of money deposited as bail.2 Martinez deposited $6,000 cash bail for criminal defendant Patrick O’Kelly. In accordance with O’Kelly’s guilty plea agreement, the district court’s judgment of conviction applied $5,038 of the cash bail toward the restitution owed by O’Kelly. We *201conclude that the district court lacked statutory authority to apply the cash bail deposited by Martinez towards O’Kelly’s restitution.

FACTS

On August 2, 2000, a criminal complaint was filed in Las…