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Utah - State v. Sun Surety Insurance Company, 99 P.3d 818



State v. Sun Surety Insurance Company, 99 P.3d 818 (Utah 2004) held that a bail bond surety did not have standing to appeal the trial court’s refusal to set aside forfeiture of the bond. The Utah Supreme Court thus vacated the Court of Appeals holding that the forfeiture should be vacated because notice of the forfeiture was mailed only to the bail agent and not to the surety. The Supreme Court held that only the criminal defendant and the State are parties to a criminal case with standing to appeal, but in a footnote it suggested that the proper method for the surety to raise its objections is by “extraordinary writ.”

 

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