{ "id": 8528824, "name": "STATE OF NORTH CAROLINA, Appellee v. OSBORNE WHITE, a/k/a ARGO COOKE, Appellant", "name_abbreviation": "State v. White", "decision_date": "1989-05-16", "docket_number": "No. 8812SC1003", "first_page": "773", "last_page": "776", "citations": [ { "type": "official", "cite": "93 N.C. App. 773" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "277 S.E. 2d 70", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "302 N.C. 221", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8565229, 8565261, 8565205, 8565176, 8565148 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/nc/302/0221-04", "/nc/302/0221-05", "/nc/302/0221-03", "/nc/302/0221-02", "/nc/302/0221-01" ] }, { "cite": "272 S.E. 2d 3", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1980, "pin_cites": [ { "page": "5" } ], "opinion_index": 0 }, { "cite": "49 N.C. App. 537", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522642 ], "year": 1980, "pin_cites": [ { "page": "540-541" } ], "opinion_index": 0, "case_paths": [ "/nc-app/49/0537-01" ] }, { "cite": "196 S.E. 2d 770", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "283 N.C. 494", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8559260 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/nc/283/0494-01" ] }, { "cite": "360 S.E. 2d 103", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1987, "opinion_index": 0 }, { "cite": "320 N.C. 637", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4725572, 4730441, 4724404, 4726682, 4730811 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/nc/320/0637-03", "/nc/320/0637-04", "/nc/320/0637-01", "/nc/320/0637-02", "/nc/320/0637-05" ] }, { "cite": "356 S.E. 2d 802", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1987, "opinion_index": 0 }, { "cite": "86 N.C. App. 196", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 12125748 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/nc-app/86/0196-01" ] } ], "analysis": { "cardinality": 406, "char_count": 6363, "ocr_confidence": 0.748, "pagerank": { "raw": 4.8172472706271035e-08, "percentile": 0.30324432042176974 }, "sha256": "c068afa35d939144c6444ab0b815114e9016647f06b6c31e426276d571765d73", "simhash": "1:0bc851a4c249bde6", "word_count": 1043 }, "last_updated": "2023-07-14T17:06:43.799233+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Arnold and Wells concur." ], "parties": [ "STATE OF NORTH CAROLINA, Appellee v. OSBORNE WHITE, a/k/a ARGO COOKE, Appellant" ], "opinions": [ { "text": "HEDRICK, Chief Judge.\nPetitioner, by his first assignment of error, argues the trial court erred in denying his application for remission. Petitioner asserts that he has shown \u201cextraordinary cause\u201d under G.S. 15A-544(h); therefore, \u201cit was incumbent upon the lower court to order remission of the bond. . . .\u201d\nG.S. 15A-544(h) states in pertinent part that \u201c[f]or extraordinary cause shown, the court which has entered judgment upon a forfeiture of a bond may, after execution, remit the judgment in whole or in part and order the clerk to refund such amounts as the court considers appropriate.\u201d This statute authorizes the trial court to exercise its discretion to remit a judgment of forfeiture, in whole or in part, only upon a showing of \u201cextraordinary cause.\u201d State v. Vikre, 86 N.C. App. 196, 356 S.E. 2d 802, disc. rev. denied, 320 N.C. 637, 360 S.E. 2d 103 (1987). This Court in Vikre presumed that since \u201cextraordinary cause\u201d was not defined by the statute, the legislature intended the words to be given their usual meaning. See Transportation Service v. County of Robeson, 283 N.C. 494, 196 S.E. 2d 770 (1973). Webster\u2019s Third New International Dictionary (1968) defines \u201cextraordinary\u201d as \u201cgoing beyond what is usual, regular, common, or customary ... of, relating to, or having the nature of an occurrence or risk or a kind other than what ordinary experience or prudence would foresee.\u201d From the evidence disclosed by the record, we cannot say that the trial court erred in not finding \u201cextraordinary cause\u201d in this case. This assignment of error is without merit.\nPetitioner next argues that some of the trial court\u2019s findings are not supported by the evidence, and the findings do not support the conclusions and the order entered. Petitioner argues that the findings are insufficient to show an \u201cabsence of extraordinary cause\u201d and that the findings reveal that the trial court improperly considered G.S. 15A-544(e) in its determination, as evidenced by Finding of Fact No. 8 which states \u201c[t]hat more than 90 days has passed since entry of the judgment of forfeiture against the surety.\u201d\nG.S. 1A-1, Rule 52(a)(1) states:\nIn all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.\nThis Court in State v. Rakina and State v. Zofira, 49 N.C. App. 537, 540-541, 272 S.E. 2d 3, 5 (1980), disc. rev. denied, 302 N.C. 221, 277 S.E. 2d 70 (1981) stated:\nAppellant argues for more specificity than is required. Under Rule 52(a), N.C. Rules Civ. Proc., the court need only make brief, definite, pertinent findings and conclusions upon the contested matters. A finding of such essential facts as lay a basis for the decision is sufficient. [Citations omitted.]\nWhile we recognize that some of the findings and conclusions made by the trial judge refer to G.S. 15A-544(e), it is clear from the order that he based his decision correctly on G.S. 15A-544(h).\nIn reviewing the evidence disclosed by the record, we cannot hold the trial judge abused his discretion in not granting the relief sought. The evidence clearly supports the findings, and the findings support the conclusions and the order signed. This argument, like the other, is meritless. The order of the trial court will be affirmed.\nAffirmed.\nJudges Arnold and Wells concur.", "type": "majority", "author": "HEDRICK, Chief Judge." } ], "attorneys": [ "Harris, Sweeny & Mitchell, by Ronnie M. Mitchell, for petitioner, appellant.", "Maynette Regan for appellee, Cumberland County Board of Education." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA, Appellee v. OSBORNE WHITE, a/k/a ARGO COOKE, Appellant\nNo. 8812SC1003\n(Filed 16 May 1989)\nArrest and Bail \u00a7 11.4\u2014 surety\u2019s location of defendant \u2014 no extraordinary cause shown\nThe trial court did not err in failing to find \u201cextraordinary cause\u201d for the remission of a judgment of forfeiture of an appearance bond where the evidence tended to show that petitioner surety obtained information as to defendant\u2019s whereabouts and informed officers who then arrested defendant. N.C.G.S. \u00a7 15A-544(h).\nAPPEAL by petitioner from Herring, Judge. Order entered 9 September 1988 in Superior Court, CUMBERLAND County. Heard in the Court of Appeals 8 May 1989.\nThis is an appeal from an order entered pursuant to G.S. 15A-544 denying petitioner\u2019s request to strike an order of forfeiture and to enter a judgment of remission. The record reveals the following: Defendant, Osborne White, was indicted for possession with intent to sell and distribute cocaine and for the sale and delivery of cocaine. On 15 January 1987, petitioner, acting as surety, posted a secured appearance bond in the amount of $4,800.00. Defendant failed to appear in court on 7 May 1987, his scheduled court date. An order for defendant\u2019s arrest was issued on that date, and an Order of Forfeiture was entered. Petitioner, having learned of defendant\u2019s failure to appear, obtained information as to defendant\u2019s whereabouts. Thereafter, petitioner informed Officer Ed Clark of the Fayetteville Police Department of defendant\u2019s location. Officer Clark, using the information provided by petitioner, was able to locate and arrest defendant. On 25 February 1988, petitioner filed a petition praying the court to enter an order striking the Order of Forfeiture and to enter a judgment of remission. At the hearing on the petition, the trial court found as facts, inter alia, \u201c[t]hat the surety, Oscar Brady, exercised some effort though not dramatic effort in assisting Officer Clark in locating and arresting the defendant and that on- June 11, 1987, the defendant pled guilty to a negotiated plea of sale of cocaine and was sentenced to a term of imprisonment.\u201d The court also found that petitioner made no showing of unusual expense in the apprehension of defendant and that petitioner was not compensated for posting the bond but did so as a friend of defendant\u2019s mother. The court further found \u201c[t]hat the surety does not appear to be a well-educated person but did acknowledge that he knew the defendant went by two different names when he (surety) undertook the bond.\u201d Thereafter, the court concluded as a matter of law that petitioner failed to show extraordinary cause as required by G.S. 15A-544(h) and denied petitioner\u2019s request to strike the Order of Forfeiture and to enter a judgment of remission. Petitioner appealed.\nHarris, Sweeny & Mitchell, by Ronnie M. Mitchell, for petitioner, appellant.\nMaynette Regan for appellee, Cumberland County Board of Education." }, "file_name": "0773-01", "first_page_order": 803, "last_page_order": 806 }