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STATE v. SURETY INS. CO. OF CALIFORNIA

No. 1 CA-CIV 4705.

128 Ariz. 284 (1981)

625 P.2d 347

STATE of Arizona, Plaintiff-Appellee v. SURETY INSURANCE COMPANY OF CALIFORNIA, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied February 26, 1981.

Review Denied March 17, 1981.

Attorney(s) appearing for the Case

Jay V. Flake, Navajo County Atty. by Michael G. Prost, Deputy County Atty., Holbrook, for plaintiff-appellee.

Henry J. Florence, Ltd. by Henry J. Florence and Richard M. Gerry, Phoenix, for defendant-appellant.

OPINION

EUBANK, Judge.

Garvin Dale White was apprehended in Navajo County as the pilot of an airplane carrying some 1100 pounds of marijuana. The Justice of the Peace for the Snowflake Justice Court fixed his appearance bond at $33,000.00. The appellant, Surety Insurance Company of California, posted the bond on behalf of White. White was subsequently indicted for possession and transportation of marijuana.

A first trial ended in a mistrial. Certain...

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