People v. Financial Casualty and Surety, Inc.
C.A. 1st; A147808 The First Appellate District affirmed trial court orders. The court held that the trial court did not lose jurisdiction of a bail bond…
August 10, 2017 at 07:42 PM
4 minute read
C.A. 1st;
A147808
The First Appellate District affirmed trial court orders. The court held that the trial court did not lose jurisdiction of a bail bond by not declaring a forfeiture on the first date that the defendant failed to appear, but instead retained jurisdiction to declare a forfeiture at the defendant's second nonappearance.
Financial Casualty & Surety, Inc. posted bond for defendant Lesman Cruz. Cruz was ordered to appear on February 18, 2015, for a supervised pretrial release (SPR) eligibility report, and on February 26 for a preliminary hearing. Cruz failed to appear on either date and, on February 26, the trial court declared his bail forfeited. Financial Casualty moved to vacate the forfeiture and exonerate bail pursuant to Penal Code §1305(d), arguing that Cruz was deported to Honduras and performance of the bail contract was thus rendered impossible.
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