People v. Lexington National Insurance

A defendant convicted by jury of two felonies failed to appear for sentencing, resulting in the forfeiture of bail. The surety moved to exonerate the bail under Penal Code section 1305, subdivision (f), on the basis defendant was in custody in Chechnya and the district attorney had refused to extradite. The district attorney opposed exoneration, arguing there had been no such election because the United States and Chechnya had no extradition treaty.

Relying on the reasoning of People v. Far West Ins. Co. (2001) 93 Cal.App.4th 791 [ 113 Cal.Rptr.2d 448 ] (Far West), the trial court ruled the surety had done all that it could by finding defendant in Chechnya and, weighing the equities, determined bail should be exonerated. On the district attorney’s timely appeal, we reverse, holding the absence of an extradition treaty with Chechnya precludes relief from forfeiture under section 1305, subdivision (f), and the trial court abused its discretion in granting relief based on consideration of the equities present in this case.

BACKGROUND

Soslan Savlokhov was charged by the District Attorney of Los Angeles County with battery with serious bodily injury (§ 243, subd. (d)) and…