Allen

People v. Allen

Good Law

1994 Cal. App. LEXIS 952·28 Cal. App. 4th 575·33 Cal. Rptr. 2d 669·94 Daily Journal DAR 13357·94 Cal. Daily Op. Serv. 7328

Court of Appeal of CaliforniaSeptember 20, 1994B077269California3,035 words

Opinion

Stone, J.

Amwest Surety Insurance Company appeals from an order denying motion to set aside summary judgment and exonerate bail and denial of motion for reconsideration of that order. Amwest contends that the trial court acted in excess of its jurisdiction in declaring the appeal bond forfeited while the appeal was still pending and before the defendant was required to appear. We agree and reverse the order of summary judgment.

Facts

Michael Anthony Allen, along with two codefendants, was charged in the San Luis Obispo County Superior Court in No. CR16372 with certain criminal offenses involving the manufacture of methamphetamine. (Health & Saf. Code, §§ 11379.6, 11378; Pen. Code, § 182.) Allen was also charged with possession of a machine gun and silencer. (§§ 12220, 12520.) After his motion to suppress evidence was denied, Allen entered into a plea agreement and stipulated sentence with the People on February 21, 1991. When Allen filed a notice of appeal on April 18, 1991, the court ordered bail on appeal be set in the amount of $30,000.

While Allen’s appeal was pending in this court in No. CR16372 (our No. B057204), he was charged with a new offense (Health & Saf. Code, §…

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