People v. Surety Ins. Co. of Cal.

Appellant Surety Insurance Company appeals from an order denying its motion to vacate the forfeiture of an appeal bond and to exonerate the bond. 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 surety bond was that Paul Douglas Hammond, who had been convicted of felony violations of the Health and Safety Code, would “surrender himself in execution of the judgment, upon its being affirmed.”

On September 22, 1975, the remittitur from this court affirming the judgment and sentence imposed upon Hammond was received by the clerk of the superior court. The judgment appealed from ordered that “defendant be punished by imprisonment in the State Prison for the term prescribed by law” and further ordered “that the defendant be remanded into the custody of the Sheriff of the County of Los Angeles, to be by him delivered into the custody of the Director of Corrections at the California State Prison at Chino.” Since the judgment was in all respects affirmed, the remittitur did not direct the conduct of any further proceedings in the superior court.

On September 23, 1975, appellant’s bail agent…