People v. Lexington National Insurance
Opinion
Opinion
Aldrich, J.
INTRODUCTION
Appellant and surety Lexington National Insurance Company (Lexington) appeals from an order that denied its motion to vacate a summary judgment entered on a forfeiture of a bail bond which it had provided for criminal defendant Julio Dueñas (Dueñas). Lexington contends the trial court erred because the bail was exonerated when Dueñas was placed “in custody” by an order of the court. We conclude that Dueñas was not “in custody” and the bail was not exonerated. We affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual background.
Dueñas was charged with being a felon or addict in possession of a weapon and with possession of marijuana or hashish for sale. (Pen. Code, § 12021, subd. (a)(1); Health & Saf. Code, § 11359.)
On November 15, 2004, defendant and appellant Lexington posted a bail bond for Dueñas’s release from custody.
On November 24, 2004, Dueñas appeared for arraignment. The following then occurred:
About 20 minutes later, the matter was again called for calendar. Dueñas could not be found. At the request of the People, the bond was forfeited and a bench warrant issued.
2. Procedural background.