People v. ACCREDITED SUR. & CAS. CO., INC.
Opinion
Opinion
Grimes, J.
Accredited Surety & Casualty Co., Inc. (Accredited), appeals from the order denying its motion to vacate forfeiture of the bail it posted for Jose Antonio Pantaleon (Pantaleon) and for reinstatement and exoneration.
Accredited contends the court’s failure to consider the statutory factors in Penal Code, § 1275 before reducing Pantaleon’s bond operates to exonerate its liability on the bond. Alternatively, Accredited contends its liability should be exonerated based on the failure of the State of California (State) to make some special disclosure to Accredited that Pantaleon possessed in excess of 44 pounds of cocaine, he had a prior drug-related conviction, he was facing a maximum of 25 years in prison, and to avoid this sentence, he had to perform his informant duties to the satisfaction of law enforcement.
Based on our review of the record and applicable law, we affirm the order.
The amount of bail is primarily within the discretion of the magistrate or judge, limited only by the general rules that bail should be fixed to secure the appearance of the defendant and not to punish, and it should not be excessive. (See 4 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000)…