429 P.3d 1229 (Hawaii 2018), SCWC-17-0000343, State v. Punio
|Citation:||429 P.3d 1229, 143 Hawaii 300|
|Party Name:||STATE of Hawaii, Respondent/Plaintiff-Appellee, v. Joselyn Calixta PUNIO, Respondent/Defendant-Appellee, and James Scott Wei dba J & J Bail Bonds, Petitioner/Petitioner-Appellant, Real Party-in-Interest.|
|Attorney:||William A. Harrison, Honolulu, for petitioner/petitioner-appellant, J & J Bail Bonds. Brian R. Vincent, for respondent/plaintiff-appellee, State of Hawaii.|
|Judge Panel:||By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.|
|Case Date:||November 15, 2018|
|Court:||Supreme Court of Hawai'i|
This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-170000343; CR. NO. 15-1-0702).
William A. Harrison, Honolulu, for petitioner/petitioner-appellant, J & J Bail Bonds.
Brian R. Vincent, for respondent/plaintiff-appellee, State of Hawaii.
By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.
SUMMARY DISPOSITION ORDER
Petitioner/Petitioner-Appellant James Scott Wei dba J & J Bail Bonds (J & J Bail Bonds), real party-in-interest, seeks review of the Intermediate Court of Appeals (ICA) August 3, 2018 Judgment on Appeal, which affirmed the Circuit Court of the First Circuits (circuit court) "Order Denying Application of Surety Providing Good Cause as to Why Execution Should Not Issue as to Judgment of Forfeiture."
We vacate and remand. When Defendant Joselyn Calixta Punio (Punio) made an oral motion to set aside the bail bond forfeiture, the circuit court1 stated that "the bond company has to file a motion to set aside the courts prior action." Our bail bond forfeiture provision provides: Whenever the court, in any criminal cause, forfeits any bond or recognizance given in a criminal cause, the court shall immediately enter up judgment in favor of the State and against the principal or principals and surety or sureties on the bond, jointly and severally, for the full amount of the penalty thereof, and shall cause execution to issue there on immediately after the expiration of thirty days from the date that notice is given via personal service or certified mail, return receipt requested, to the surety or sureties on the bond, of the entry of the judgment in favor of the State, unless before the expiration of thirty days from the date that...
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