An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA04-939

NORTH CAROLINA COURT OF APPEALS

Filed: 3 May 2005

STATE OF NORTH CAROLINA

v .                         Randolph County
                            No. 03 CR 050140
REYNALDO H. OCHOA,
            Defendant, and

AEGIS SECURITY INS. CO.,
            Surety

    Appeal by surety from judgment entered 16 March 2004 by Judge Michael A. Sabiston in Randolph County Superior Court. Heard in the Court of Appeals 24 March 2005.

    GAVIN, COX, PUGH & WILHOIT, LLP, by Robert E. Wilhoit and Alan V. Pugh, for the State.

    ANDRESEN & VANN, by Kenneth P. Andresen and Christopher M. Vann, for the surety.

    No brief filed for defendant.

    TIMMONS-GOODSON, Judge.

    Surety Aegis Security Insurance Co. posted a $500,000 bond for defendant Reynaldo Ochoa to guarantee his 11 February 2003 court appearance on felony drug charges. Following defendant's failure to appear on his assigned court date, the trial court entered a bond forfeiture judgment against surety. Pursuant to N.C. Gen. Stat. § 15A-544.8(b)(1), surety filed a motion to vacate the bond forfeiture judgment. The trial court denied surety's motion. Surety appeals, challenging the sufficiency of the evidence and the constitutionality of the bond forfeiture statute. For the reasonsstated in State v. Ferrer & Aegis Security Insurance Co. (COA04- 935, filed contemporaneously), we affirm.
    AFFIRMED.
    Judges CALABRIA and GEER concur.
    Report per Rule 30(e).

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