State v. Mwangi

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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA19-798 Filed: 15 September 2020 Granville County, No. 17 CRS 052002 STATE OF NORTH CAROLINA v. PETER WAWERU MWANGI, Defendant, and 1st ATLANTIC SURETY COMPANY, Surety. Appeal by surety from order entered 13 May 2019 by Judge James Hardin in Granville County Superior Court. Heard in the Court of Appeals 17 March 2020. Tharrington Smith, LLP, by Stephen G. Rawson and Colin Shive, for appellee Granville County Board of Education. Ragsdale Liggett PLLC, by Amie C. Sivon, Mary M. Webb, and Kimberly N. Dixon, for surety-appellant. DIETZ, Judge. Defendant Peter Waweru Mwangi’s surety, 1st Atlantic Surety Company, appeals the forfeiture of Mwangi’s $200,000 secured bond. This case was heard and orally argued together with its companion case, State v. Lemus, No. COA19-876, __ N.C. App. __, __ S.E.2d __ (Aug. 18, 2020). STATE V. MWANGI Opinion of the Court For the reasons stated in Lemus, we reverse the trial court’s order and remand for entry of an order setting aside the bond forfeiture. REVERSED AND REMANDED. Judges STROUD and HAMPSON concur. Report per Rule 30(e). -2-

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