Danny Ramsey v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 10, 2015
• Docket: 14A05-1403-CR-100
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Feb 10 2015, 10:21 am Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

APPELLANT PRO SE ATTORNEYS FOR APPELLEE Danny Ramsey Gregory F. Zoeller Carlisle, Indiana Attorney General of Indiana J. T. Whitehead Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Danny Ramsey, February 10, 2015

Appellant-Defendant, Court of Appeals Cause No. 14A05-1403-CR-100 v. Appeal from the Daviess Superior Court. State of Indiana, The Honorable Dean A. Sobecki, Judge. Appellee-Plaintiff. Cause No. 14D01-0308-CM-645

Riley, Judge.

Court of Appeals of Indiana | Memorandum Decision | 14A05-1403-CR-100 | February 10, 2015 Page 1 of 3 STATEMENT OF THE CASE [1] Appellant-Defendant, Danny Ramsey (Ramsey), appeals the trial court’s denial

of his motion for the return of bond money.

[2] We affirm.

ISSUE

[3] Ramsey raises one issue on appeal, which we restate as follows: Whether the

trial court erred in denying his motion to return his bond money.

FACTS AND PROCEDURAL HISTORY

[4] On July 30, 2003, Ramsey was arrested and charged with one Count of

possession of marijuana, as a Class A misdemeanor. On the same day, Ramsey

posted a cash bond of two hundred dollars to secure his release pending trial.

On February 10, 2004, the State dismissed the charge. Thereafter, on February

23, 2004, the trial court released Ramsey’s bond money.

[5] On July 20, 2005, Ramsey sent a letter to the trial court inquiring about his

bond money. On January 30, 2014, approximately ten years after the dismissal

of the charge, Ramsey filed a motion for the return of bond money, which was

subsequently denied by the trial court on February 13, 2014.

[6] Ramsey now appeals. Additional facts will be provided as necessary.

Court of Appeals of Indiana | Memorandum Decision | 14A05-1403-CR-100 | February 10, 2015 Page 2 of 3 DISCUSSION AND DECISION

[7] Ramsey contends that the trial court erred when it denied the return of bond

money. When a cash bail bond is posted to secure the release of a criminal

defendant, the funds are held by the clerk while the defendant is at large and

returned to the depositor unless the bond is forfeited due to the defendant’s

failure to appear. See I.C. ch. 35-33-8; -9; Turner v. Clary, 660 N.E.2d 878, 880

(Ind. Ct. App. 1993).

[8] Here, Ramsey posted a cash bond in the amount of two hundred dollars on July

30, 2003. After the State dismissed the charge, the cash bond was returned on

February 23, 2004, as evidenced by the clerk’s record of release.

CONCLUSION

[9] Based on the foregoing, we conclude that the trial court properly denied

Ramsey’s motion.

[10] Affirmed.

[11] Vaidik, C. J. and Baker, J. concur

Court of Appeals of Indiana | Memorandum Decision | 14A05-1403-CR-100 | February 10, 2015 Page 3 of 3