People v. Financial Casualty & Surety CA4/1

I.

BACKGROUND

FCS posted a bail bond to guarantee Rivera’s presence for trial on felony charges and to secure his pretrial release from custody. On May 9, 2023, at 8:30 a.m., the date and time set for trial, the prosecutor, Rivera, and his counsel appeared in the trial court and announced they were ready for trial. No courtroom was available for trial that day. The court trailed the matter to May 11, authorized Rivera’s counsel to appear by telephone that morning, and advised him he had to be able to arrive at court by 1:30 p.m. if the court assigned a courtroom. The court stated Rivera did not have to be in court in the morning, but had to be able to be there by 1:30 p.m. On the morning of May 11, 2023, the prosecutor appeared in court and Rivera’s counsel appeared by videoconference. Rivera did not appear, but the court’s minutes state counsel appeared for him pursuant to Penal Code

section 977.1 The prosecutor and Rivera’s counsel announced they were ready for trial. The court again had no courtroom available and trailed the matter to May 15. When Rivera’s counsel asked the court whether his in- person appearance was required, the court answered, “You can appear -- the same…