People v. Ranger Insurance

Penal Code section 1305, subdivision (a), provides, as relevant, that bail shall be forfeited “if, without sufficient excuse, a defendant fails to appear for . . . [a]ny ... HD ... [][]•• • occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required, [f] . . . [][] However, the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment.” The question in this case is whether “15 days from the date of arraignment” means (as Ranger Insurance Company contends) 15 days after the arraignment date originally set by the jailor, or (as the People contend) some number of days before a later date to which the arraignment was postponed by the prosecuting agency. We agree with Ranger.

FACTS

A.

In December 2003, Brittany Katora Cook was arrested and incarcerated.

On December 23, Ranger Insurance Company posted a $20,000 bail bond for Cook’s release, and Cook was ordered by the jailor and notified by the bond to appear in court on January 22, 2004, to answer charges “in any…