County of Orange v. Ranger Ins. Co.

Ranger Insurance Company (appellant), the surety on a bail bond, appeals from the trial court’s order denying its motion to set aside bail forfeiture. Appellant contends the trial court lost jurisdiction by failing to declare bail forfeiture on the first date Juan Mario Sosa did not appear as ordered, and therefore, the trial court lacked jurisdiction to declare bail forfeiture on a subsequent date. We find no merit in appellant’s contentions and affirm the judgment.

I

FACTS

On January 23, 2004, the trial court arraigned Sosa on a multiple-count felony complaint. The following day, appellant posted a $50,000 bail bond for Sosa’s release. On January 28, Sosa appeared for a pretrial hearing, which was continued to February 2 by stipulation of the parties. The court set February 11 as the date for a preliminary hearing.

Sosa did not appear on February 2, 2004. According to the reporter’s transcript for that date, defense counsel represented that although he had not talked to his client, counsel had spoken to Sosa’s sister. According to Sosa’s sister, Sosa did not think he needed to appear at the continued pretrial conference because he was not going to accept a plea…