People v. Legion Insurance

—This isan appeal by Legion Insurance Company (Legion) from the trial court’s order denying its motion to set aside summary judgment on a bail bond and to exonerate the bond. Legion argues the trial court lost jurisdiction over the bail bond it issued for defendant Jose Ancelmo Miranda in the criminal matter of People v. Miranda (Super. Ct. San Bernardino County, No. FBA06105) when the trial court issued a notice of forfeiture that failed to recite the correct bail bond number. Because Legion was given notice of forfeiture in accordance with Penal Code section 1305, subdivision (b), we reject its contention and affirm the judgment.

I

Factual and Procedural Background

On January 27, 2001, Legion posted a bail bond for the release of defendant Miranda from custody. The bond number displayed on the bond and the power of attorney attached to it was “BD1 1171924.”

On February 6, 2001, defendant Miranda failed to appear in court, and the bail was declared forfeited. A notice of forfeiture was mailed on February 9, 2001, to Legion and the bail agent. Regarding the bond number, the notice specifically stated "BD111171924.” The notice also included defendant Miranda’s full…