# State v. Fisher

> Court of Appeals of North Carolina · September 21, 2004 · 166 N.C. App. 510

URL: https://www.frixlaw.com/law-library/cases/7394088

## Case

- **Full name:** STATE of North Carolina v. Martinez Terrell FISHER, and Robert L. McQueen, Surety.
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 21, 2004
- **Citations:** 166 N.C. App. 510; 601 S.E.2d 887; 2004 N.C. App. LEXIS 1730
- **Precedential status:** Published
- **Opinion:** Dissent by Wynn
- **Judges:** Calabria, Wynn
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7394088

## Opinion text

WYNN, Judge, dissenting.
In a related appeal, State v. Evans, ___ N.C.App. ___, 601 S.E.2d 877 , 2004 WL 2093281 (2004)(03-1114), filed 21 September 2004, this Court addressed the same issues raised by the parties based upon similar facts. In Evans , McQueen had surrendered the defendant to the sheriff prior to the entry of the final judgment of bond forfeiture. In this case, the defendant pled guilty prior to the entry of the final judgment of bond forfeiture. Based upon the defendant's guilty plea, McQueen sought the return of the bond amount. As Evans and the case sub judice are substantially similar, I respectfully dissent based upon the reasons stated in my dissent in Evans . Indeed, the factors for determining whether extraordinary circumstances exist favor McQueen.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7394088. Public record. Not legal advice.