A09-395, State of Minnesota, Respondent, vs. Johnny Ray Rodriguez, a/k/a Misael Bautista-Castro, a/k/a Guadalupe Montalvo, Defendant, Howe Bonding, et al., Appellants.

State: Minnesota

Court: Eighth Circuit Court of Appeals Clerk

Docket No: A09-395

Case Date: 12/15/2009

Plaintiff: A09-395, State of Minnesota, Respondent,

Defendant: Johnny Ray Rodriguez, a/k/a Misael Bautista-Castro, a/k/a Guadalupe Montalvo, Defendant, Howe Bondi

Preview:STATE OF MINNESOTA
IN COURT OF APPEALS
A09-395

State of Minnesota,  Respondent,   vs.   Johnny Ray Rodriguez,  a/k/a Misael Bautista-Castro,  a/k/a Guadalupe Montalvo,  Defendant,   Howe Bonding, et al.,  Appellants.

Filed December 15, 2009
Affirmed
Shumaker, Judge

Mower County District Court
File No. 50-CR-08-1228

Kristen Nelsen, Mower County Attorney, Jeremy Clinefelter, Assistant County Attorney, 201 First Street N.E., Austin, MN 55912 (for respondent)

Frank Arend Schulte, 2380 Wycliff Street, Suite 200, St. Paul, MN 55114 (for appellants)

Considered and decided by Shumaker, Presiding Judge; Worke, Judge; and Connolly, Judge.

S Y L L A B U S
1. A bail bond is a surety contract to which principles of contract law apply.
2. A contract, including a bail bond, can be rendered unenforceable for a mutual but not a unilateral mistake of a material fact.
O P I N I O N
SHUMAKER , Judge
On appeal from the district court.s denial of appellants. motion to reinstate and discharge a bail bond, appellants argue that the bail bond was an unenforceable contract because of a mutual mistake of fact regarding the defendant.s identity.  Alternatively, appellants contend that they were entitled to reinstatement and discharge of the bond.  We disagree with both arguments, and affirm.
FACTS
On April 13, 2008, police arrested an individual who identified himself as

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