People v. International Fidelity Insurance Co.

Defendant was convicted of lewd or lascivious acts against a child under the age of 14 and was remanded to custody. The matter was continued to 10:00 a.m. on January 24, 2014, for sentencing. Defendant was ordered to appear “on that date.” On November 22, International posted a $300,000 bail bond. On January 21, the court re-set the sentencing hearing for 9:00 a.m. on January 24, 2014. The hearing began at 9:18. Defendant was not present. An attorney who had represented Defendant did not know where he was. Defendant’s wife had reported him as missing. The court ordered bail forfeited and no bail set. On February 10, notice of the order was mailed to International, stating that it had 185 days to seek relief from forfeiture under Penal Code sections 1305-1306. In August, the court granted an extension until February 10, 2015. On February 9, International unsuccessfully moved to toll time, stating that it had tracked Defendant to Mexico and that extradition was being pursued. The court of appeal reversed, holding that the court lacked jurisdiction to declare the forfeiture before the time Defendant had been ordered to appear. The court rejected arguments that county counsel lacked standing to object to the surety’s tolling request and that the court should be authorized to toll that period under these circumstances. View "People v. International Fidelity Insurance Co." on Justia Law