People v. Allied Fidelity Ins. Co.

Allied Fidelity Insurance Company appeals from an order denying its motion to vacate the forfeiture of a bail bond posted to secure the release from custody of Wayne Sallman in criminal proceedings pending against him. The order is appealable. (People v. Wilcox (1960) 53 Cal.2d 651, 655 [ 2 Cal.Rptr. 754 , 349 P.2d 522 ].)

The undertaking of the corporate bail bond was that the defendant would appear on the date set for arraignment and would at all times hold himself amenable to the orders and process of the court, and “if convicted, will appear for pronouncement of judgment or grant of probation; ...”

On January 26, 1977, probation and sentence proceedings were conducted in Sallman’s case. He had pled guilty pursuant to a plea bargain, and a probation report had been received which recommended against probation. Counsel for Sallman requested a two-weeks’ continuance to inquire into the work furlough program. When this was denied with the suggestion that a subsequent application could be made, Sallman’s counsel indicated that there was no legal cause not to pronounce sentence or grant probation. The court then stated:

At that point, Sallman’s counsel reminded the court…