People v. Frontier Pacific Ins. Co.
Opinion
Opinion
Mihara, J.
In this action we consider whether a court may look beyond the record of proceedings where the presence of a criminal defendant is lawfully required and the defendant fails to appear to determine whether there was sufficient cause for a continuance pursuant to Penal Code section 1305.1. This question arises within the context of the appeal by Frontier Pacific Insurance Company (Frontier) from the denial of its motion to vacate forfeiture and exonerate bail. We hold that where the record of the actual proceedings fails to disclose that the court had sufficient cause for a continuance, the court has lost jurisdiction to later declare a forfeiture of bail.
Procedural History
On September 10, 1996, Alfonso Magana waived preliminary hearing and entered a plea of guilty in his criminal case. He waived time for imposition of sentence and was ordered to appear in superior court on September 27, 1996. Magana was remanded to custody, and bail was reduced to $100,000.
On September 27, 1996, Frontier posted bail bond No. CS100-00141716 for Magana’s release from custody pending sentencing. The bond stated the date of appearance as “9-27-96 9AM.” The “Official Receipt” issued by the…