People v. Ranger Ins. Co.

Following defendant Simon Centeno’s failure to appear at a master trial calendar hearing, the trial court ordered his bond forfeited at a subsequent hearing. The surety, Ranger Insurance Company (Ranger), moved to vacate the forfeiture and exonerate the bail bond (Pen. Code, § 1305), and the trial court granted the motion. The People appeal.

Statement of Facts

On September 12, 1996, Ranger posted a bail bond for the release of defendant Simon Centeno from custody pending felony criminal proceedings against him. The bond reflected the date of his first appearance was to be September 16, 1996.

Centeno was arraigned on September 16, 1996. The court set a trial date, and defendant filed a document based on section 977 called “Waiver of Defendant’s Personal Presence.” In this document defendant waived his right to be present at certain times including “when the case is set for trial.” It provided that when the case was in trailing status, defendant was to maintain daily contact with his attorney who was to be able to contact him in 30 minutes, and defendant was to be able to be in court within IVz hours from said notice from his attorney. It also provided immediately above…