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State v. Burt

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 13, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
STANLEY BURT, DEFENDANT, AND SIRIUS AMERICA INSURANCE COMPANY, (SURETY), DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Middlesex County, I-02-09-01108.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 8, 2007

Before Judges Axelrad and Payne.

In this bail remittance case, surety Sirius America Insurance Company appeals from an order, entered on September 19, 2006, denying its remittance motion on the basis of State v. Erickson, 154 N.J. Super. 201 (App. Div. 1977).

The record indicates that on April 11, 2003, defendant Stanley Burt failed to appear in court, as ordered. It is unclear when the forfeiture notice was sent or received.

However, on July 2, 2003, a judgment requiring Sirius to forfeit its $50,000 bail was entered. The amount was paid in June 2004.

On February 28, 2006, Sirius's recovery agent learned of defendant's incarceration on September 6, 2005 in St. Croix. It appears that he was arrested on a Middlesex County warrant, and that he awaits extradition.

Assuming that custody out-of-state is considered the equivalent of in-state custody, Sirius would be entitled to remittance of five to twenty percent of bail, despite the length of time that defendant remained at large. How such out-of-state custody should be treated was the subject of our opinion in State v. Wilson, 395 N.J. Super. 221 (App. Div. 2007). However, Wilson had not been decided at the time that appellant's remittance motion was heard, and it was not discussed by either party on appeal.

In these circumstances, we remand the matter for further consideration in light of the Wilson opinion.

Remanded for further proceedings.

20080513

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